Proceedings under Section 482 Cr.P.C. are liable to be quashed when the dispute is purely civil in nature, allegations lack the essential ingredients of cheating, and concurrent civil adjudication already confirms the absence of the complainant's title or possession.

The Court made the following ORDER:

This Criminal Petition, under Section 482 Cr.P.C., has been filed by the petitioners/A1 and A2 to quash the proceedings in Crime No.149 of 2022 of Duggirala Police Station, Guntur district, registered for the offences punishable under Sections 420, 447 and 427 IPC.

2. Case of the prosecution, in brief, is that the petitioners herein/A1 and A2 sold Ac.0.40 cents of land in Survey No.407 of Chiluvuru village, Duggirala mandal, Guntur district to 2nd respondent/de facto complainant in the year 2010 for a sum of Rs.8.00 Lakhs. Since both are related, the said amount was honoured without any note, however possession was delivered to 2nd respondent/de facto complainant. The registration of the land was being postponed on the pretext that the documents are with the Bank. While so, on 28.07.2022 at about 04.30 pm, A2 and her followers are alleged to have illegally entered into the said land and destroyed Guava plantation and caused loss to them. Based on the report given by 2nd respondent/de facto complainant on 10.08.2022, the present case has been registered against the petitioners/A1 and A2.

3. This Court, on 08.09.2022, while ordering notice to 2nd respondent, granted interim stay of all further proceedings in Crime No.149 of 2022 of Duggirala Police Station, Guntur district, on the ground that the dispute appears to be purely civil in nature.

4. A counter affidavit has been filed by 2nd respondent/de facto complainant reiterating the averments made in the complaint.

5. Learned counsel for the petitioners/A1 and A2 submits that even accepting the entire accusations to be true, the offences punishable under Sections 420, 447 and 427 IPC would not attract against the petitioners/A1 and A2 for the reason that the dispute is purely civil in nature. He submits that the alleged transaction is a sham transaction and no such money transaction as alleged by 2nd respondent/de facto complainant has taken place and the present complaint is foisted with a view to knock away the property of 2nd petitioner herein/A2. He further submits that when 2nd respondent/de facto complainant and his brother were trying to interfere with the possession and enjoyment of the subject land, 2nd petitioner herein/A2 filed a suit in OS No.647 of 2022 on the file of the learned Principal Civil Judge (Junior Division), Tenali and the learned Judge, by judgment and decree dated 12.05.2025, granted permanent injunction in her favour restraining them from interfering with her peaceful possession and enjoyment of the plaint schedule property.

6. Learned counsel appearing on behalf of 2nd respondent/de facto complainant has fairly accepted that there is no proof to the extent that the money has been paid to 2nd petitioner/A2, but he stated that 2nd respondent/de facto complainant and his brother filed OS No.957 of 2022 on the file of the learned Principal Junior Civil Judge, Tenali, for specific performance of contract.

7. Learned Assistant Public Prosecutor too concurred with the submission made by the learned counsel for 2nd respondent/de facto complainant.

8. Heard. Perused the record.

9. There cannot be any dispute that inherent powers of this Court under Section 482 CrPC can be exercised to prevent abuse of process of Court or to give effect to any order under the code or to secure the ends of justice. This Court is also conscious of the fact that the power of quashing a criminal proceeding should be exerci