ORDER:

This Criminal Petition is filed by the petitioner/accused No.1 under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) to quash the proceedings against her in FIR No.206 of 2023 of Mahankali Police Station, Secunderabad, registered for the offences punishable under Sections 181, 406, 420, 463, 464, 506 120-B of Indian Penal Code (for short ‘I.P.C’)

and under Section 156 (3) of Cr.P.C.

2. The facts of the case are that on 12.12.2023 the police received a referred complaint stating that the complainant/2nd respondent is the company represented by its Proprietor P.Srikanth, engaged in the business of construction in domestic and commercial buildings. Accused No.2 is the brother of petitioner herein and Sri Vadala Madhu Kumar, AGPA holder of A.2 had approached the 2nd respondent for sale of their property consisting of ground floor and first floor together with land admeasuring 70 Sq yards Ranrez Bazar, Secunderabad. Agreeing for the proposal made by the AGPA holder of A.2 to be bonafide, the 2nd respondent agreed to purchase the said property, A.2 executed sale deed in favour of 2nd respondent through the AGPA holder. In the said sale deed, A.2 clearly mentioned that originally the subject property belongs to his father late Annam Sudarshan Rao who acquired the property through gift deed from his father. The said Annam Sudarshan Rao died intestate leaving behind his only son who is A.2 being his legal heir applied for transfer of title before the GHMC, wherein A.2 obtained transfer of title by filing the documents representing that he is the only legal heir to his father. Further, it is also stated that by showing the proof of transfer of title on his name, and basing on the assurances and documents provided by A.2, the complainant agreed to purchase the said property and based on the above fabricated documents, A.2 executed Agreement-cum-General Power of Attorney in favour of Madhu Kumar who in turn sold the said property to the 2nd respondent for a total sale consideration of Rs.30,00,000/-. As such, the 2nd respondent had become absolute owner and possessor of the entire property and all the original documents along with link documents are in the custody of 2nd respondent. The petitioner who is claiming to be sister of A.2 filed suit for partition, vide O.S.No.442 of 2020, on the file of I-Junior Civil Judge, Secunderabad in collusion with A.2. In the said suit A.2 is made as defendant No.1 and the 2nd respondent was made as defendant No.3. However, A.2 remained exparte and silently supported the petitioner and it is a collusive suit filed against the 2nd respondent after receiving full sale consideration from him. After filing the above suit, the petitioner in collusion with the tenants i.e., A.3 and A.4 have created fake rental receipts from the year 2014 to 2019 and subsequently petitioner had also created a fake receipt that the subject property was given for lease from 2019 to 2024 to the tenants. It is also stated that A.3 and A.4 in order to gain undue advantage of being tenants of the subject property, have colluded with A.1 and A.2. A.3 and A.4 also filed a suit for injunction, vide O.S.No.943 of 2021 against A.1 and 2nd respondent, and cheated the 2nd respondent. Basing on the above, the complaint was registered against the petitioner.

3. Heard Smt Uma Devi Nama, learned Counsel appearing for the petitioner, Sri D.Arun Kumar, learned Additional Public Prosecutor appearing for the 1st respondent-State and Sri S.Nagesh Reddy, learned counsel appearing for the 2nd respondent.

4. The contention of learned counsel for the petitioner is that the petitioner-A.1 is the joint owner of property bearing No.3-3- 684 & 695 consisting of ground floor and first floor having total built up area of 1260 Sq ft., together with land admeasuring 70 Sq yards. As the said property is an ancestral property, petitioner filed a suit for partition, vide O.S.No.442 of 2020 for permanent injunction and obtained ad-int