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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
J. SREENIVAS RAO
Pathri Vijayalaxmi – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
|---|
| 1. allegations concern sale of land. (Para 1 , 2) |
| 2. defendants assert charges are civil. (Para 5 , 7) |
| 3. proceedings seen as abuse of law. (Para 8 , 12) |
| 4. petition allowed, proceedings quashed. (Para 13) |
ORDER :
J. SREENIVAS RAO, J.
This Criminal Petition has been filed by the petitioners/accused Nos.1 and 2, seeking to quash the proceedings in C.C.No.2590 of 2022 on the file of the Judicial First Class Magistrate, Bhupalapally, for the offences punishable under Sections 420, 465 and 506 of the Indian Penal Code , 1860 (for short ‘IPC’).
2. The case of the prosecution in brief is that accused persons offered to sell agricultural dry land to an extent of Ac.1.00 gts, comprising Ac.0.20 gts in 
and Ac.0.20 gts in 
situated in one compact block at Kompelly Revenue Village (formerly within the limits of Pulluri Ramaiahpalle Gram Panchayat, now within the Bhupalapally Town Nagar Panchayat limits, Bhupalapally Mandal, Jayashankar Bhupalapally District), for valid sale consideration. The complainant accepted the offer. However, after receiving the sale consideration, the accused persons failed to execute a valid sale deed and instead threatened the complainant with dire conseq
Continuation of proceedings in criminal matters is an abuse of process when allegations are purely civil in nature.
The existence of civil proceedings does not preclude criminal prosecution when allegations disclose cognizable offences, affirming the concurrent nature of civil and criminal jurisdictions.
Criminal proceedings should not continue when allegations pertain to civil disputes, as they can constitute an abuse of the legal process under Section 482 of Cr.P.C.
The court quashed criminal proceedings as they were deemed an abuse of process, arising from a civil dispute between close relatives.
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