ORDER :

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure by the petitioner-accused No.2 to quash Crime No.113 of 2015 of Lingala Ghanpur Police Station registered for the offences under Sections 420 and 504 read with Section 34 of the Indian Penal Code.

2. The basis for the Police, Lingala Ghanpur to register the case against the petitioner-accused No.2 is private complaint filed by the respondent No2-de-facto complainant before the Judicial Magistrate of First Class at Jangaon, which was forwarded to Police Station for further investigation under Section 156 (3) of the Code of Criminal Procedure. The facts in brief as per the private complaint filed before the trial Court under Section 200 of the Code of the Criminal Procedure is as under:

a) Respondent No.2 is the owner and possessor of land property to the extent of Ac.5.37 guntas i.e., Ac.1.04 guntas in Sy.No.540/B, Ac.2.29 guntas in Sy.No.540/A, Ac.1.00 guntas in Sy.No.546/B, Ac.0.07 guntas in Sy.No.547/A, Ac.0.18 guntas in Sy.No.546/A, B and Ac.0.19 guntas in Sy.No.546 of Bandlagudem H/o. Lingala Ghanapur of Warangal District. The said lands were purchased under registered sale deed bearing document Nos. 1479 of 2008, 2186 of 2008, 2187 of 2008, 4161 of 2008 and 4565 of 2008. After purchase, the name of respondent No.2 was also recorded as owner on revenue records. Pattadar passbooks and title deed passbooks were also given in favour of respondent No.2 and he has been in peaceful possession of the property since the date of purchase. Respondent No.2 along with other land owners have jointly formed a layout including the property belonging to respondent No.2 and they have given a GPA in favour of Linga Murthy i.e., accused No.1 herein vide document bearing No. BK-IV 7/2011 dated 16.03.2011. As per the said GPA, accused No.1 is expected to execute registered sale deed in favour of person nominated by M/s. Country Club (India) Limited in whose favour residential plots have been allotted by M/s. Country Club (India) Limited or M/s. Country Condos Limited.

b) Accused No.1 with criminal intention and in order to cause wrongful loss on account of increase in the prices of land properties, conspired with petitioner-accused No.2 having monetary dealings joined with her to snatch away the land of the respondent No.2 and executed a registered sale deed bearing document No.3685 of 2015 dated 22.05.2015 against the clause in the GPA, wherein GPA holder is expected to executed sale deed only in the name of person, who is nominated by M/s. Country Club (India) Limited. Basing on the said private complaint, the Police have registered a case in Crime No.113 of 2015 for the offence under Sections 420 and 504 read with Section 34 of the Indian Penal Code.

c) Aggrieved by the same, the present petition is filed by petitioner-accused No.2 seeking quahsment of FIR on the following grounds:

i) The petitioner-accused No.2 is innocent. Respondent No. 2 has converted civil dispute into criminal case with baseless allegations. Even if the contents of complaint are accepted to be true, the offence under Sections 420 and 504 of the Indian Penal Code will not be attracted.

ii) Accused No.1 the GPA holder has obtained consent letter from M/s. Country Club (India) Limited to sell the land basing on which he has executed registered sale deed in favour of the petitioner vide document No.3681 of 2015 dated 22-05-2015 and thereby accused No.2 has not committed any offence.

iii) The dispute between respondent No.2 and petitioner No.1 is civil in nature and if at all the respondent No.12 has got any grievance, he shall approach competent civil court and therefore criminal case cannot be entertained.

3. Respondent No.2 has filed counter through his counsel stating that the averments of the complaint clearly shows that the petitioner has committed offence punishable under Sections 420 and 504 of the Indian Penal Code. Unless enquiry is completed by the Police, the truth or oth