Point of law : Criminal law cannot be put into motion for settlement of civil disputes.

ORDER :

Alleging that the proceedings are initiated wrongfully against the petitioner, who is arrayed as Accused No.1 in F.I.R.No.47 of 2018 of Alair Police Station, Yadadri-Bhongir District, and thereby seeking the Court to quash the said First Information Report, the present Criminal Petition is filed.

2. Heard Sri Peddakula Papaiah, learned counsel for the petitioner, Sri K.Jagadishwar Reddy, learned counsel for the unofficial respondent as well as learned Assistant Public Prosecutor, who is representing respondent No.1-State.

3. When learned counsel for the petitioner projected that a false case was foisted against the petitioner (hereinafter be referred as “Accused No.1”, for the sake of convenience of discussion) by respondent No.2 (hereinafter be referred as “the de facto complainant”, for the sake of convenience of discussion), learned counsel appearing for the de facto complainant submitted that as Accused No.1 committed the offences of cheating and misappropriation, a complaint was given against him and basing on the said complaint, police registered a case and the same is pending for investigation and, therefore, the present criminal petition is unsustainable.

4. The learned Assistant Public Prosecutor on instructions submits that he came to know that the Accused are alleged to have committed the offences of cheating and forgery and the case is under investigation. The learned Assistant Public Prosecutor further stated that a requisition was given to the Court of Senior Civil Judge, Bhongir, to transmit the relevant documents, which would aid the investigation.

5. The case of the de facto complainant, as could be perceived from the contents of the complaint, is that Accused No.1 is a close friend of the de facto complainant. On one day, the de facto complainant received notices from the Court, wherein it was mentioned that the Accused filed a suit for specific performance of contract. On that, he engaged an Advocate and verified the original documents that are filed in O.S.No.65 of 2017 that stood pending on the file of the Court of Senior Civil Judge, Bhongir. He could find that the signatures available on the agreement of sale does not pertain either to him or his son. When he refreshed his memory, he could recollect that on one day, while he was in possession of ROR Pattadar Pass Book and Title Deed, he spent some time with Accused No.1 at his house and thereafter, he reached the Bus Stand and while getting down from the Bus, he searched for the bag, which contain those documents, but could not find. Immediately, he rushed to the house of Accused No.1 and enquired about that bag, but Accused No.1 informed that no bag was left at his house. Thereafter, steps were taken for getting the duplicate Pattadar Pass Book and Title Deed. After enquiry, the Tahsildar, Alair, issued duplicate ROR Pattadar Pass Book and Title Deed. Basing on those documents, he offered to sell the property. Though negotiations were held at the house of Accused No.1, Accused No.1 did not raise any objection, but all of a sudden he filed a suit by creating false and fictitious documents.

6. The above narration of events formed basis for the Court to refer the complaint that was filed under Section 200 Cr.P.C., to the Station House Officer, Alair Police Station, for investigation and report. The Station House Officer, Alair Police Station, on receiving the complaint, registered a case in Crime No.47 of 2018 for the offences punishable under Sections 420, 468 read with 34 of I.P.C., and took up investigation. The petitioner/Accused No.1 is aggrieved by the said registration of the case.

7. Making his submission, learned counsel for the petitioner/Accused No.1 narrated the following set of facts:

1) The de facto complainant executed an agreement of sale on 23.07.2009 in favour of Accused No.1 in respect of Ac.2-10 gts., of land i.e. situated in Sy.No.998 of Alair Village;

2) On the date of execution of the agreement of sale, the de facto complainant receiv