Compounding of serious and non-compoundable offences would amount to misplaced sympathy and is not justified.

ORDER :

(Shameem Akther, J.)

1. This Criminal Petition, under Section 482 of Code of Criminal Procedure (Cr.P.C), is filed by the petitioners/A.2 to A.6, seeking to quash the proceedings in C.C. No. 4 of 2019 pending on the file of Special Sessions Court for trial of cases relating to MPs and MLAs, Nampally, Hyderabad, wherein, charges were framed against the petitioners/A.2 to A.6 for the offences punishable under Sections 120-B, 419, 420, 468, 471 read with 34 IPC.

2. Heard the arguments of Sri Vinod Kumar Deshpande, learned Senior Counsel representing Smt. Sujatha Kurapati, learned counsel for the petitioners/A-2 to A-6, learned Additional Public Prosecutor for the respondent No. 1-State, Smt. A. Chaya Devi, learned counsel for respondent Nos. 2 to 4 and perused the record.

3. The petitioners/A.2 to A.6 have wrongly mentioned that C.C. No. 4 of 2019 is pending on the file of Special Judge-cum-II Additional Metropolitan Sessions Judge, Hyderabad, but in fact, on verification of the records and the case status information, it is found that the subject C.C. No. 4 of 2019 is pending on the file of Special Sessions Court for trial of cases relating to MPs and MLAs, Nampally, Hyderabad.

4. Shorn off unnecessary details, the facts of the case, in brief, are as follows :

On 1-9-2012, Mr. M. Narsimlia Rao, the de facto complainant/father of the respondent No. 2 herein, lodged a report with KPHB Police Station stating that on 28-8-2012, the respondent Nos. 3 and 4 and brother of respondent No. 3, illegally trespassed into his property i.e., Plot No. 10 HIG, situated at VI Phase, Sy. No. 1009, KPHB Colony, Hyderabad and started putting some sticks in the said plot. When the de facto complainant and his son (respondent No. 2) questioned the same, they beat the respondent No. 2 with hands and legs and threatened him and his son with dire consequences. The said complaint was registered as a case in Crime No. 678/2012 against the respondent Nos. 3 and 4 and brother of respondent No. 3 for the offences punishable under Sections 447, 420, 427, 323 and 506 IPC. During the course of investigation, it has been revealed that when the respondent No. 3 was searching for an open plot in Kukatpally area, the mediators approached respondent No. 4, who is the father-in-law of respondent No. 3, and shown the subject plot stating that it belongs to petitioner/A.4-MLA of Khanpur Constituency, Adilabad District. The petitioners/A.5 and A.6, who are followers of petitioner/A.4, conspired together, created forged documents of subject plot and got registered the sa(sic) in the name of petitioners/A.2 and A.3 through an impostor A.1-M. Narsimha Rao, on 4-4-2012. Thereafter, with the assistance of petitioner/A.4, both petitioners/A.5 and A.6 made the respondent Nos. 3 and 4 believe that the subject plot belongs to petitioners/A.2 and A.3 and collected Rs.45,00,000/- towards token advance i.e., 1/4th of total sale consideration. The petitioner/A.4 took the said amount at her residence and got the signatures of petitioners/A.2 and A.3 on the agreement of sale and on 18-8-2012, the petitioners/A.5 and A.6 collected Rs.1 Crore 35 Lakhs, from the residence of respondent No. 3 and got the subject plot registered in favour of respondent No. 3 and his brother-Baswaraj Srinivas, vide registered sale deed dated 18-8-2012. On 29-8-2013, when the respondent Nos. 3 and 4 tried to construct watchman room in the subject plot, they came to know that the subject plot belongs to the father of respondent No. 2 and that they were cheated by petitioner/A.2 to A.6 with forged and fabricated documents, resulting in loss of Rs.1 Crore 80 Lakhs. As the whereabouts of A. 1 (impersonator) were not known, the police split up the case against A.1 and filed charge sheet against petitioners/A.2 to A.6 only for the offences punishable under Sections 120-B, 419, 420, 468, 471 read with 34 IPC before the learned XIX Metropolitan Magistrate, Kukatpally at Miyapur, Cyberabad. The learned Magistrate t