The court quashed criminal proceedings as the complaint was deemed retaliatory, lacking sufficient evidence, based on prior civil disputes between the parties.

ORDER:

This Criminal Petition is filed under Section 482 Cr.P.C.

seeking to quash the proceedings initiated against the petitioner/accused in FIR.No.152 of 2021, on the file of Ramachandrapuram Police Station, Cyberabad, registered for the offences punishable under Sections 447, 427, 341, 147, 148 and 506 R/w.149 of IPC.

2. Heard the learned counsel for the petitioner/accused, Smt.Shivan Reddy, learned counsel representing Mr.Resu Mahender Reddy, learned counsel appearing for 2^nd respondent and the learned Assistant Public Prosecutor for respondent-State.

3. Brief facts of the case are that a complaint has been filed by one Avula Raji Reddy, de facto complainant on 02.03.2021 at about 15:30 hrs before Ramachandrapuram Police Station. Based on the said complaint, a case vide FIR.No.152 of 2021 has been registered against the petitioner for the offences stated supra. In the complaint, it is stated that the respondents are the developers of the land owned by Mrs.Satwant Kaur and 8 others in Sy.Nos.273 & 274 of Kollur Village, R.C.Puram Mandal, Sanga Reddy District and the said land is under uninterrupted possession of land owners and their predecessors from 1954-55. The said land was acquired by the land owners by way of valid passbooks and title deeds. Basing on the said passbooks and title deeds, the concerned RDO got the property surveyed and converted the same into non-agriculture. Subsequently, the de facto complainant and Cadol Developers, a partnership concern has taken the property for development for open plotting as well as for constructing villas. Accordingly, respondents entered into Registered Development Agreement-Cum-GPA. Later, they have applied for permission with HMDA and the concerned authority. After verification of documents, both HMDA and State Level Environment Impact Assessment Authority (SEIAA) have recommended for approval of layout for villas and plotting. While so, the petitioner herein claiming to be the owner of the land in Sy.No.885 of Janwada Village, Shankarpally Mandal, Ranga Reddy District trespassed into the land of the de facto complaint in Sy.Nos.273 & 274 of Kollur Village on 20.02.2021. On seeing that, the de facto complainant dialed 100 and the Police of R.C.Puram arrived at the site and summoned the petitioner. Subsequently, on 01.03.2021, the Manager of the site complainant got an intimation from the site that the petitioner along with his henchmen huge in number, again trespassed into the land and demolished the boundary wall and threatened the labour with deadly weapons. In the complaint, it is further stated that in order to put Mr.Ravinder Reddy and Mr.Bhaskar Reddy under tremendous pressure, the petitioner herein filed a false case against them and taking advantage of their absence, the petitioner is trying to grab the property illegally.

Hence, the present complaint is filed.

4. Learned counsel for the petitioner submits that basing on the complaint filed by the de facto complaint, the crime has been registered against the petitioner herein for the above said offences. Subsequently, Section 307 of IPC has been added to the existing Sections. He further submits that a case has been filed by the petitioner herein against one Ravinder Reddy and another and the same has been registered as FIR.No.175 of 2021. Seeking quashment of the said FIR, said Ravinder Reddy and another approached this Court by filing Crl.P.No.1554 of 2021 and this Court vide order dated 01.04.2021 quashed the proceedings against the petitioners therein stating that civil proceedings vide O.S.No.656 of

2019 are pending.

5. Learned counsel for the petitioner further submits that there was a dispu