IMPORTANT POINT
The court quashed criminal proceedings as they were deemed an abuse of process, arising from a civil dispute between close relatives.

ORDER :

1. The instant petition under Section 482 of Code of Criminal Procedure, 1973 [for short ‘Cr.P.C.’] has been filed by the Petitioner/Accused No. 1, seeking quashment of proceedings against him in Crime No. 58 of 2020 on the file of Buchireddypalem Police Station, registered for the offences under Sections 447, 427 and 379 of the Indian Penal Code, 1860 [for short ‘IPC’].

2. The allegations made in the complaint, in brief, are as follows:

(a) Respondent No. 2 has a family property admeasuring Ac. 6.16 cents in Sy. No. 143-2 and Sy. No. 144/1 in Vavveru Village, Buchireddypalem Mandal, SPSR Nellore District. Though she is the owner of the said land, Petitioner and his family members are not permitting her to cultivate the said land and they obtained pattadar passbooks and title deeds in respect of the said land. From the past three years, she has been cultivating the said land and the Petitioner is not permitting her to do so by sending his men.

(b) While so, on 10.03.2018 at about 8.30 a.m. while her men were cutting the crop, Petitioner came there, threatened them with dire consequences, cut the crop and took away the same by a tractor. On coming to know about the same, Respondent No. 2 lodged the present complaint.

3. Being aggrieved by the same, the Petitioner/Accused No. 1 filed the present petition seeking quashment of the same on the following grounds:

(a) The allegations leveled against the Petitioner are absolutely false and the same is lodged only to harass him.

(b) The entire dispute is a civil dispute and the Petitioner and the Complainant are close relatives and are the common owners of various extents of land.

(c) Petitioner and her paternal aunt namely K. Annapurna are the absolute owners of the subject land and the Revenue Authorities also issued Pattadar Pass Book and title deed in their favour. While so, on 09.01.2017 Respondent No. 2 filed an Appeal under R.O.R. Act before the Revenue Divisional Officer for cancelling the pattadar passbook and title deed issued by the Tahsildar in favour of the Petitioner and K. Annapurna, without making the Petitioner as a party.

(d) The Revenue Divisional Officer passed order in RCJ 107/2017 by cancelling the pattadar passbook and title deeds. There is no provision for filing appeal under R.O.R. Act and the same is not sustainable.

(e) K. Annapurna filed W.P. No. 38687 of 2017 before this Court challenging the orders passed by The R.D.O. Nellore and this Court was pleased to pass interim suspension orders on 16.11.2017.

(f) Respondent No. 2 again approached the Tahsildar for issuance of pattadar passbooks and title deeds in her faovur and also for possession certificate. On receipt of the notice from the Tahsildar, Petitioner submitted a representation by narrating the facts.

(g) Petitioner also filed W.P. No. 8453 of 2020 to prohibit the Tahsildar from conducting enquiry and to decide the issue of possession and title over the subject land and this Court was pleased to stay all further proceedings in pursuance of the enquiry initiated by the Tahsildar.

(h) Respondent No. 2 with the help of Revenue Authorities, is trying to grab the property of the Petitioner.

(i) Petitioner and his paternal aunt K. Annapurna are the owners of the subject land and hence, the question of trespass of theft of any paddy, does not arise. In March, 2019 Petitioner lodged a complaint in FIR No. 80 of 2019 against Respondent No. 2 under Sections 447, 427 and 506 read with 34 IPC as she tried to trespass into the subject land. Hence, as a counterblast, Respondent No. 2 lodged the present complaint.

(j) Respondent No. 2 with the help of Revenue Officials, is trying to enter her name in the Revenue Records in respect of the subject property and has been harassing the Petitioner with the help of Police and filed the present complaint with false allegations. Therefore, continuation of proceedings against the Petitioner is an abuse of process of law. Hence, prayed to quash the proceedings against the Petitioner