THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.6047 of 2023

ORDER

This Criminal Petition is filed under Section 482 of Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) to quash the proceedings against the petitioners/accused Nos. 1 to 3, 5 and 6 in C.C.No.3708 of 2022 on the file of the learned Chief Metropolitan Magistrate, Hyderabad, registered for the offences punishable under sections 464 and 420 of Indian Penal Code, 1860 (for short ‘I.P.C’).

2. Breif facts of the case are that respondent No.2/de facto complainant lodged a complaint against the petitioners and other accused alleging that the father of respondent No.2 died on 05.07.2020 and during his life time he acquired the property, admeasuring 200 square yards, bearing Municipal No.18-1- 514/8/1/A, situated at Ahmed Colony, Chandrayan Gutta, Hyderabad, through registered gift deed bearing document No.6987 of 2006, dated 18.12.2006, excuted by the mother of respondent No.2, which she acquired through inheritance from her ancestors. It is further alleged that respondent No.2 is having six brothers, including him and after demise of his father, himself and petitioner Nos.1 to 3 started living separately and they have not taken all house hold utensils along with them. They have kept some of the said utensils in their respective rooms in the house and locked them and left to the rented houses. That being so, respondent No.2 came to know through the real estate agents that petitioner Nos. 1 to 3 are selling their joint owned property.

3. Later, when respondent No.2, other sisters and other brothers approached petitioner Nos. 1 to 3 for partition of the house, they changed their attitude towards respondent No.2 and other family members. Thereafter, they enquired with Sub- Registrar and came to know that petitioner Nos.1 to 3, accused No.4 and mother of respondent No.2 created a flase document of partition deed in collusion with each other and got partitioned the property of their late father without informing respondent No.2 and other family members on 30.09.2021, vide document No.6823 of 2021. Petitioner Nos. 5 and 6 have active role in creating the said false partition deed and are witnesses to the said document.

4. Basing on the said complaint the Police registered a case in Crime No. 135 of 2022 and after completion of investigation, they filed Charge Sheet before the learned Chief Metropolitan Magistrate, Hyderabad.

5. Heard Smt. S. Madhavi, learned counsel appearing on behalf of the petitioners as well as Sri S.Ganesh, learned Assistant Public Prosecutor, appearing on behalf of respondent No.1 state.

6. Learned counsel for petitioners submitted that the matter is civil in nature, as respondent No.2 filed civil suit vide O.S.No.4363 of 2021 for partition, separate possession and for cancellation of partition deed, which was already executed by petitioenr Nos.1 to 3 and their mother and the same is pending before the Court below. By suppressing the said fact, with the same set of facts, as alleged in the suit, respondent No.2 filed the present complaint. He further submitted that there is no iota of truth to prove the allegations against the petitioners. He further submitted that as a counter blast respondent No.2 filed the present case, as he was unable to face the trial in the said suit. Therefore, the allegations leveled against the petitioners do not constitute any offence, as such, prayed the Court to quash the proceedings against them.

7. On the other hand, learned Assistant Public Prosecutor submitted that the allegations leveled against the petitioners are serious in nature which requires trial and prayed the Court to dismiss the petition and consequently, to direct the trial Court to dispose of the matter as the matter pertains to the year 2022. 8. At this stage, it is imperative to note that to quash the proceedings under Section 482 of Cr.P.C., the Court has to see whether the averments in the complaint would prima facie show that the offence as al