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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
J.SREENIVAS RAO
Ramanthapuram Krishna – Appellant
Versus
State of Telangana, Rep. by its Public Prosecutor, High Court for the State of Telangana, Hyderabad – Respondent
ORDER :
J. Sreenivas Rao, J.
This Criminal Petition has been filed seeking to quash the proceedings in F.I.R. No. 7 of 2026 on the file of Indrakaran Police Station, Sangareddy, wherein the petitioners are arrayed as accused Nos. 1 to 9 for the offences punishable under Sections 324, 285, 270, and 223 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, “BNS”).
2. Heard Mr.N.Joy, learned counsel for the petitioners and Mr.M.Ramachandra Reddy, learned Additional Public Prosecutor for the respondents.
3. Learned counsel for the petitioners submitted that petitioner Nos.1 to 3 and two others are the owners and possessors of the property covered under Sy. No.114, admeasuring Ac.1–28 guntas, situated at Cheriyal Village, Kandi Mandal, Sangareddy District. When respondent No.2 and others tried to interfere with the subject property, petitioner Nos.1 to 3 and two others filed a suit in O.S. No.387 of 2025 on the file of the learned Principal Junior Civil Judge, Sangareddy, against respondent No.2 and six others, seeking a perpetual injunction restraining the defendants therein from interfering with the suit schedule property. While the said civil suit is pending before the
Criminal proceedings cannot be quashed merely due to related civil disputes; both can coexist if criminal allegations substantiate independent wrongful conduct.
Criminal proceedings stemming from civil disputes must reveal substantial criminal elements; otherwise, they serve as a misuse of process and warrant quashing.
The court ruled that ongoing investigations must be allowed to proceed and that civil disputes do not preclude criminal complaints, emphasizing the need for police to complete their investigations.
Criminal proceedings should not be pursued when the dispute is purely civil and lacks essential elements of a cognizable offence, to prevent misuse of criminal law.
When allegations of criminal trespass arise from a property dispute already subject to civil proceedings, such allegations cannot stand and are considered an abuse of process.
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