THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.5689 OF 2025

ORDER:

This Criminal Petition is filed by the petitioners – accused Nos.1 and 2 seeking to quash the proceedings in FIR No.883 of 2024 on the file of P.S. Shameerpet, Cyberabad registered for the offences under Sections 318(4), 338, 351(2) read with 61(2) of The Bharatiya Nyaya Sanhita, 2023 (for short “BNS, 2023”).

2. Heard the submissions of Sri M.V.Pratap Kumar, learned counsel for the petitioners and Sri J. Ram Mohan Rao, learned counsel for respondent No.2.

3. The learned petitioners counsel has submitted that the matter is purely of civil nature. The petitioners are innocent and a false case has been foisted on the petitioners. He submitted that the petitioner No.1 is the rightful owner of the land and has a Pattadar Pass Book in his name and that the respondent No.2 i.e, the de-facto complainant has sold away his share of the land according to the family arrangement and now is making false claim which is not tenable. He further submitted that the respondent No.2 has held a limited right of GPA for a particular period of time over the land of the petitioner No.1 which was revoked in the year 2017 as he was performing wrongful acts. He further submitted that respondent No.2 is aware of the ownership of the petitioner No.1 over the subject property and that he never cheated the respondent No.2 and that a complaint is filed with all false allegations against the petitioners herein. He therefore, prayed to quash the petition.

4. The learned counsel for respondent No.2 has submitted that the so called Pattadar Pass Books held by the petitioner No.1 are fake and that without there being any link document, he got his name entered into revenue records illegally by managing the revenue authorities. He further submitted that he created fictitious documents, and entered his name into Dharani Portal and therefore, he complained in the year 2022. He further submitted that petitioner No.1 has given GPA to him and without his knowledge, the petitioner herein is claiming excess land. He further submitted that he gave NOC and expressed that his brother/K. Rameshwar Reddy can take his decision on the sale, development or any other transaction as to the property and that all previous GPA’s given in his favour are null and void and that GPA got cancelled vide Registered Cancellation Deed dated 27.12.2017 and the said NOC was given to the extent of only Ac.12.17 ½ guntas, but whereas now the petitioner is claiming Ac.19.04 guntas which is not correct and that the petitioner has not approached the Court with clean hands and therefore, prayed to dismiss the petition.

5. Perused the record.

6. The petitioners counsel has relied upon the decision of a Coordinate Bench of this Court in CRLP.No.5948 of 2023, wherein the petitioners were facing false allegations under Sections 417, 420, 468, 467, 506 read with 34 of the Indian Penal Code and a Criminal Petition was allowed and the proceedings were quashed against the petitioners, observing that the allegations do not get attracted against the petitioners. In the present case, it is alleged that the entries in the revenue records are made based on fake documents. The contention of the de-facto complainant is that the petitioner is claiming more than what he gets into his share.

7. The record reveals that there is a land dispute between the brothers. Not only the witnesses, but the entire documents filed by both the parties need to be examined and properly adjudicated after a full- fledged trial. The allegations do point out the offences against the petitioners. The investigation is still in progress. Therefore, this Court is not inclined to interfere with the said process.

8. In Indian Oil Corporation Vs. NEPC India Limited the Hon’ble Supreme Court had held as under:-

9. The principles relating to exercise of jurisdiction under Section 482 of the Code of Criminal Procedure to quash complaints and criminal proceedings have been s