ORDER :

This petition is filed by the petitioners – A1 to A6 under Section 482 Cr.P.C. to quash the proceedings in Crime No.224 of 2013 of Karimnagar Rural Police Station, Karimnagar District, registered against them for the offences under Sections 120-B, 406, 420, 423, 465, 471 and 477 IPC.

2. The respondent No.2 lodged a private complaint before the Judicial Magistrate of First Class, Karimnagar, stating that petitioners No.1 to 5 - A1 to A5 executed fake, forged, sham and fictitious registered sale deed vide document No.3057 of 2013 dated 29.04.2013 in respect of his land in Sy.No.538/F, admeasuring 0-26 guntas, styling themselves as real owners and sold the said land in favour of A6 and cheated him. The illegal sale of the land was not followed by delivery of possession to the purchaser and it was only a nominal sale deed executed to deprive the respondent No.2 of his legitimate rights over the property. Fake and fictitious pattedar pass books and title deeds were shown as genuine for getting the land registered in the name of A6. The said private complaint was referred to the police which was registered as Crime No.224 of 2013 for the above offences.

3. Heard the learned counsel for the petitioners and the learned counsel for the respondent No.2-de facto complainant.

4. Learned counsel for the petitioners submitted that the petitioners 1 to 5 were the owners and possessors of the dry land admeasuring 0-26 guntas in Sy.No.538/F situated at Maqdumpur Village, Karimnagar District and they were cultivating the land and raising crop, mango trees also existed in the said land. With regard to the disputed land, three suits were pending vide O.S No.157 of 2012 on the file of Principal Junior Civil Judge, Karimnagar, was filed by the father of the petitioner No.1 seeking declaration of title and perpetual injunction; the second suit vide O.S. No.259 of 2012 on the file of Senior Civil Judge, Karimnagar was filed by the respondent No.2 seeking perpetual injunction and the third suit vide O.S. No.222 of 2013 on the file of the Junior Civil Judge, Karimnagar, was filed by the petitioner No.6 - A6 seeking for injunction and declaration of the registered GPA as not binding on him. The matter was purely civil in nature. The police ought not to have registered the FIR, as civil matters were pending before the respective Courts. Registering of FIR itself was an abuse of process of law. If the respondent No.2 had any grievance with regard to the revenue entries, he had to pursue the matter before the Revenue Authorities under R.O.R. Act. The complainant knowing fully-well about the above facts, filed the present case only to harass the petitioners and prayed to quash the proceedings against the petitioners in Crime No.224 of 2013 of Karimnagar Rural Police Station.

5. Learned counsel for the respondent No.2 submitted that the petitioners No.1 to 5 in collusion with the petitioner No.6 created false entries in Pahani patrikas showing one Chigiri Rajaiah as pattadar and showed the name of the father of the respondent No.2 in the possession column. The petitioners - accused colluded together with a common object to get the name of Chigiri Rajaiah as pattadar in pahani patrikas and also brought into existence the forged and fake 1-B certificate. He relied on the judgment of the Hon’ble Apex Court in Vitoori Pradeep Kumar v. Kaisula Dharmaiah, (2002) 9 SCC 581 on the aspect that pendency of a civil suit in respect of the matter concerned would not be a bar to resort to criminal proceedings.

6. Perused the record. As per the private complaint filed by the respondent No.2, the grandfather of the respondent No.2 by name, Devanapalli Chinna Venkaiah was the owner, pattedar, possessor of the land in Sy.No.538/F measuring 0-26 guntas, situated at Maqdumpur village of Karimnagar Mandal and District and after the death of Chinna Venkaiah, his son Mallaiah had succeeded to the said property by inheritance. The said Mallaiah also died in the year 1990 and the