IMPORTANT POINT
A civil dispute does not preclude criminal liability when elements of fraud and breach of trust are present.

ORDER :

Tarlada Rajasekhar Rao, J.

Since the issues involved in these two Criminal Petitions are arising out of the same crime against different accused, as such, this Court deems it appropriate to dispose of these two cases by way of common order.

2. Both the Criminal petitions are filed to call for the records pertaining to FIR No.396 of 2016 dated 03.09.2016 of Nallapadu Police Station, Guntur urban and to quash the same. Wherein the police has registered FIR for the offences under Sections 406, 419, 420, 463, 464, 468 r/w 120B IPC r/w 156(3) Cr.P.C.

3. The 2nd respondent/defacto-complainant filed a private complaint under Section 200 Cr.P.C. to take cognizance for the aforesaid offences and to punish the accused and the facts mentioned in the complaint is that he is the title holder of the property in Survey No.201 in an extent of 270 Sq. yards in Plot No.12 of Adavitakkillapadu Village, Pada Palakaluru Revenue village, Guntur Mandal. And he purchased the said property from one Umamaheswari W/o. Narasimha, vide document No.10472 of 1987 dated 19.12.1987 of Guntur Sub Registrar Officer. While shifting his family to Visakhapatnam, the defacto-complainant entrusted the original sale deed referred supra to the 1st accused to protect the complainant’s interest over the above said property, who has alienated without the consent of the defacto-complainant. The 1st accused who sold the property to the 2nd accused-Marri Venkata Reddy, who, in turn, sold the property in favour of accused No.5 i.e. M/s. Premier Tobacco Packers Private limited represented by Bommidala Bhanu Murthy, vide document bearing No.3548 of 2008 dated 14.07.2008 of Sub-Registrar Office, Nallapadu. And the said issue has come to his notice when he obtained Encumbrance Certificate on 09.07.20214 from Sub-Registrar Office by impersonating him. The defecto-complainant/2nd respondent herein has issued notices to all the accused and Accused No.2 and Accused No.5 received the said notices, but, they did not choose to give reply. On receipt of the complaint of the 2nd respondent, the jurisdictional Magistrate has forwarded the complaint to the police, Nallapadu under Section 156(3) Cr.P.C. The police has registered the crime as FIR No.396 of 2016, dated 03.09.2016 which is assailed in the present Criminal Petitions by petitioners/accused No.1 and 5.

4. The 1st petitioner/accused filed Criminal Petition No.4891 of 2018 and the accused No.5 filed Criminal Petition No.14577 of 2016.

5. The accused No.1 has assailed the criminal petition on the ground that the allegation in the complaint does not disclose dishonest inducement to deliver property or fulfill the ingredients of Section 420 I.P.C., and relied on the judgment of the Hon’ble Apex Court in Rekha Jain v. State of Karnataka and another, 2022 SCC OnLine SCC 585 for the proposition to attract offences under Section 420 IPC, there must be a dishonest inducement to deceive a person to deliver any property to another person and there is no such allegation against this accused for any inducement. Therefore, it is pleaded that Section 420 IPC has no application, hence pleaded to quash the FIR.

6. It is the contention of accused No.5 that the 2nd respondent/defacto-complainant has filed Suit OS No.73 of 2016 on the file of II Additional Senior Civil Judge (FTC), Guntur to cancel the Sale Deed executed by the Accused No.2 in favour of the Accused No.5 and for declaration of title and the suit had been dismissed by the Senior Civil Court by decree and judgment dated 18.06.2024 which alludes that the pleadings of the 2nd respondent/defacto-complainant is false and the 2nd respondent tried to convert the civil dispute into a criminal offence to apply pressure on the accused to settle the civil dispute. Therefore, he would pray to quash the FIR registered against Accused No.5 i.e. Bommidala Bhanu Murthy.

7. Learned counsel appearing for the Accused No.5 also stated that the suit is filed prior to the initiation of the Criminal Proceedi