A complaint is not maintainable when there is a pending civil suit for determination of civil rights and the learned Magistrate must provide reasons for taking cognizance under Section 190 Cr.P.C.

JUDGMENT

D. Ramesh, J. - This criminal petition is filed under Section 482 Cr.P.C. seeking to quash the proceedings against the petitioners/accused in C.C. No. 304/2018 on the file of the VI Metropolitan Magistrate Court (Mobile Court) cum VI Additional Junior Civil Judge, Vijayawada registered for the offence under Section 82 of Registration Act and Section 420, 120B, 424 and r/w. 34 IPC.

2. The case of the prosecution is that 1st petitioner/A1 in collusion with mother i.e., Petitioner No. 2/A2 and maternal uncle i.e., Petitioner No. 3/A3 has fraudulently executed the documents by making false statements and abetting violations registration before the Sub-Registrar Office, Kankipadu.

3. The contents of the complaint are that the 2nd Respondent filed a suit in O.S. No. 48/2015 on the file of VII Additional District Judge Vijayawada for partition of joint family properties against her father Rayapati Kotaiah (now he is no more) and petitioner Nos. 1 to 3 and 2 others. At that time, complainant made enquiries in the month of October 2014 and came to know that some documents are created in the names of petitioner Nos. 1 to 3 by the 2nd petitioner/2nd accused and late Rayapati Kotaiah. Since the 1st petitioner/Accused No. 1 is a Non resident Indian (NRI), he has violated Regulation 5 of Foreign Exchange Management Regulation 2000 (FEMR) which states that NRIs can make payment for acquisition of immovable property other than agricultural land only through normal banking channels duly following the Reserve Bank of India Guidelines. The 2nd respondent/complainant lodged a complaint with the District Registrar, Krishna District at Machilipatnam as well as Sub-Registrar, Kankipadu on 16-02-2017 calling upon them to take action for cancellation of the above Sale deeds. As there was no response from them the 2nd respondent/complainant filed a Writ Petition No. 22292 of 2017 dated 05-7-2017 which is pending before this Hon'ble High Court. Further the accused No. 1 has not disclosed that he is an NRI before the Registering authorities and has given the details of the expired Passport. All the accused conspired together, knowingly and wilfully suppressed the true facts before registering authorities and procured the Registration of the said documents by making false statements, giving wrong address, producing details of expired passport residence proof.

4. As per the direction of the Learned Magistrate, the Station House Officer, Penamaluru P.S. Vijayawada City made enquiries and submitted that at the time of Registration of the land, A1 produced his Passport which is valid from 28-02-1977 to 27-02-2007 and it is expired as of that date. The Said expired passport of A-1 has been furnished by the Sub Registrar, Kankipadu. As NRI, A-1 has no right to purchase agricultural lands in India as per Section 4 (a) & (iii) of Foreign Exchange Management (Permissible Capital account transactions) Regulations, 2000, - Notification No. FEMA 1/200-rb DT. 03-05-200, RBI, Exchange Control Dept), Central office, Mumbai. All Money transactions of sale registrations but A-1 and vendors are not visible on any documents. There is no bank transaction with regard to the Money-payments. A1 gave local address in all the above Documents as 'R/o. D. No.9-32, Srinivasa Nagar Road, Opp. To Priya Foods, Poranki, Penamaluru by suppressing the fact before Sub-Registrar Office, Kankipadu that he is NRI.

5. In their reply to legal notice and other materiel placed before the Hon'ble court A1, A2 and A3 admitted that A1 is NRI. Enquires also revealed that A1 is NRI and he has been residing for the past 20 years nearly. This show that A1, A2, A3 conspired together and executed the documents fraudulently to avoid the legitimate share of the complainant in joint family properties. Upon examining the PW1/Complainant on oath, it is prima facie established the averments under Section 82 of the Registration Act and sections 420, 120 B, 424 r/w 34 IPC. As a result cognizance is taken.

6. T