Criminal proceedings cannot substitute for civil disputes; without distinct allegations supporting criminal charges, complaints may be quashed to avoid abuse of legal process.

ORDER :

Juvvadi Sridevi, J.

This Criminal Petition is filed by the petitioner-accused seeking to quash the proceedings against him in C.C.No.3728 of 2021 pending on the file of the learned X Additional Chief Metropolitan Magistrate, Secunderabad, (for short ‘the learned trial Court’) registered for the offences under Sections 341 , 506 and 427 of the Indian Penal Code (for short ‘ IPC ’).

2. Heard Ms. D.Shalini Sharavanthi, learned counsel, representing Sri D. Srinivas Prasad, learned counsel for the petitioner and Sri M.Ramachandra Reddy, learned Additional Public Prosecutor for the State- respondent No.1 as well as Sri C. Kumar, learned counsel for the unofficial respondent No.2. Perused the record.

3(a). The brief facts of the case are that the respondent No.2 along with his family, has been residing in Flat No.801, C-Block, Amsri Central Court, Old Lancer Lines, Secunderabad, for the past ten years. The petitioner- accused purchased Flat No.901, C-Block, Amsri Central Court, Old Lancer Lines, Secunderabad, which is situated directly above the flat of the respondent No.2. After purchasing the said flat, the petitioner-accused undertook extensive renovation by carrying out major structural changes in the existing layout, including demolition of certain walls, in violation of the norms and conditions prescribed by the Amsri Central Court Association. Although the Association initially granted two months’ time for completion of the renovation, the petitioner-accused took nearly eleven months to finish the work.

3(b). It is further alleged that during the renovation period, the petitioner-accused allegedly carried out drilling, hammering, and other heavy work from early morning till late night, causing excessive noise and vibrations, due to which the respondent No.2 and his family suffered severe inconvenience, mental agony, and distress. The Respondent No.2 approached the Association’s committee members on several occasions seeking redressal, but no action was taken. Consequently, the respondent No.2 approached the learned III Senior Civil Judge, Secunderabad, and filed a petition in February 2019, which is still pending adjudication.

3(c). It is further alleged that for the past twenty months, there has been continuous water leakage from the petitioner-accused’s washroom into the master bedroom of the respondent No.2. Despite repeated personal requests and written communications, the petitioner-accused failed to attend to the issue and displayed a negligent and indifferent attitude. The respondent No.2 again approached the Association members, but they too failed to take appropriate steps to resolve the problem. As a result, the leakage has progressively worsened, causing substantial damage to the walls, doors, and flooring of the respondent No.2’s flat. The foul smell has made it extremely difficult to use the room, and on several occasions, members of the respondent No.2’s family allegedly experienced electric shocks while inadvertently touching the wet walls. Due to the damp and slippery flooring, they also slipped multiple times.

3(d). It is further alleged that about one month ago, while the respondent No.2 was attempting to leave his flat, the petitioner-accused wrongfully restrained him and obstructed his movement. It is also alleged that about ten days ago, when the respondent No.2 requested the petitioner-accused to carry out repairs to rectify the leakage, the petitioner-accused refused and criminally intimidated the respondent No.2 by threatening him with dire consequences if he failed to withdraw the pending civil case. Hence, the respondent No.2 lodged the present complaint seeking necessary action against the petitioner-accused.

4(a). Learned counsel for the petitioner-accused submitted that the petitioner has nothing to do with the alleged offences and that all the allegations levelled in the cha