O R D E R:

The present Criminal Petition is filed seeking to quash the proceedings against the petitioners/accused Nos.1 to 5 in C.C.No.1312 of 2011 in Crime No.308 of 2009 on the file of learned XI Additional Chief Metropolitan Magistrate, Secunderabad (herein after referred to as “the trial Court”).

2. The case of the prosecution is that the 2nd respondent/de- facto complainant has filed a private complaint under Section 200 of Cr.P.C. against the petitioners before the trial Court, which was referred to the police under Section 156 (3) of Cr.P.C. It is stated in the complaint that she was having acquaintance with the petitioners/accused for more than two years and she is having money transactions with them. It is alleged in the complaint that the 2nd respondent was called to the house of petitioner No.1 for settlement of the hand loan of Rs.1.50 lakh at H.No.2-4-461/462, pent house of Bhasker Residency, M.G.Road, Secunderabad and the discussion for repayment of the hand loan was started and was settled for lesser amount than actually payable and the 2nd respondent gave it in writing to that effect. In the meantime, the petitioners and others, who came to the said place on receiving the phone call of one Amrapali, who was present during the discussion, started abusing her in filthy language and petitioner No.1 came up with a kitchen knife and petitioner No.2 caught hold of the hands of the 2nd respondent and tried to kill her stating the she is a prostitute and started to spit on her face, petitioner Nos.2 to 4 had beaten her with a stick and back of the knife and asked her to leave the place. It is also alleged that petitioners 3 and 4 dragged her into a bathroom of their flat and locked her and all the petitioners have threatened her with dire consequences. Basing on the said referral complaint a case in crime No.308 of 2010, was registered on the file of Ramgopalpet Police Station for the offences punishable under Sections 307, 324, 506 and 342 read with 34 of I.P.C. After completion of the investigation, the said crime was referred as lack of evidence and final report was submitted to that effect. Aggrieved by the same, the 2nd respondent filed a protest petition vide Crl.M.P.No.1252 of 2011 in Crime No.308 of 2010.

3. By an order, dated 29.08.2011 Crl.M.P.No.1252 of 2011 in Crime No.308 of 2010, the trial Court found that, there was prima- facie material against accused Nos.1 to 6 to try them for the offences under Sections 342, 323 and 506 read with 34 of Indian Penal Code and took cognizance against them for the alleged offences and issued summons to them. Aggrieved by the same, accused Nos.1 to 5 preferred the present criminal petition seeking to quash the impugned proceedings.

4. Heard Sri P.B.Vijay Kumar, learned counsel for the petitioners, Mr.Khaja Vizarath Ali, learned Assistant Public Prosecutor appearing for the 1st respondent and Sri B.Narender Nayak, learned counsel appearing for the 2nd respondent.

5. Learned counsel appearing for the petitioners has submitted that there were disputes between the petitioners and the 2nd respondent. It is further submitted that the 2nd respondent is in the habit of making false complaints and earlier she lodged a complaint for an alleged incident, dated 04.09.2009 and the same was registered as F.I.R.No.165 of 2010 and after completion of investigation charge sheet was filed which was numbered as P.R.C.No.37 of 2010. Aggrieved by the same, the petitioners filed Crl.P.No.10873 of 2010 before this Court to quash the proceedings against them and the same was allowed by this Court vide order, dated 17.07.2013. It is further submitted that the 2nd respondent also lodged a complaint against the husband of petitioner No.1, which was registered as Crime No.64 of 2010, dated 18.03.2010 and later, the same was taken cognizance as C.C.No.316 of 2010. Aggrieved by the same, the husband of petitioner No.1 filed Crl.P.No.5700 of 2010 to quash the proceedings in Crime No.64 of

2010. By an ord