THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.15692 of 2024

ORDER:

This Criminal Petition is filed seeking to quash the proceedings against the petitioner/accused No.3 in C.C.No.214 of 2022 on the file of the learned Judicial First Class Magistrate at Madhira, Khammam District, registered for the offences punishable under Sections 294-B, 420, 468 read with Section 34 of the Indian Penal Code, 1860 (for short ‘IPC’).

2. The brief facts of the case are that the complainant filed a private complaint before the trial Court stating that she was a resident of Stage Pinapaka Village, Wyra Mandal, Khammam District, and resided in House No. 5-110/A. She alleged that accused No.1, who also resided in the same village and was running unauthorized chits for a long time, had developed an intimate relationship with her. According to the complainant, at the request of accused No.1 and under the influence of accused Nos.2 to 4, she was compelled to join two chit schemes operated by accused No.1, each worth Rs.2,50,000/- , in the year 2014. She claimed to have received the chit amount but stated that during the process of repaying it under persistent demands and pressure from accused No.1, she executed a sada sale agreement for her house and plot bearing No. 5-110/A. As additional security, she handed over eight blank promissory notes and eight blank cheques belonging to her of State Bank of Hyderabad account, Thallada Branch and further stated that at the time of entering the sale agreement, she also obtained an undertaking from accused No.1, whereby it was agreed that upon completion of the chits and full repayment, accused No.1 would cancel the earlier agreement and return the promissory notes and cheques. She claimed that she paid the chit amounts regularly and cleared the entire amount by 20-11- 2017, receiving a receipt in confirmation. However, when she requested the return of the documents, accused No.1 allegedly ignored her requests, stating that the documents were in a bank locker and would be returned soon. Despite repeated follow-ups, accused No.1 failed to return the documents, giving various excuses and allegedly developing enmity with the complainant when she informed village elders of the situation. The complainant later discovered that on 03-07-2015, accused No.1, in criminal conspiracy with accused Nos.2 to 4, had fabricated a sale agreement in the name of accused No.3 by misusing the original security document dated 10- 01-2014. She stated that accused No.2 was her husband and accused Nos.3 and 4 were her daughters, with whom she had strained relations. Accused No.5 was the Secretary of Gram Panchayat, K.G. Siripuram Village.

3. The complainant further stated that without returning the documents as promised by the accused No.1 and in violation of understanding document, the accused Nos.l to 5 in collusion with each other and also criminal conspiracy, hatched a plan and illegally and also without knowledge and consent of the complainant, got created a sada sale agreement in the name of accused No.3 in Gram Panchayat records, allegedly to harass her and cause her financial loss. Upon knowing the same through villagers, the complainant confronted the accused persons, who allegedly threatened her with dire consequences and used abusive language. She reported the matter to the Station House Officer at Wyra, but no action was taken due to the alleged influence of the accused. On 20-05-2020, she submitted a formal representation to the Hon’ble Collector, District Panchayat Officer, CEO Z.P., and Mandal Parishad Development Officer, Khammam, seeking intervention. She later alleged that in November 2020, accused Nos.2 to 4, with support from accused Nos.1 and 5, attacked her with an intention to kill. Following the attack, she filed a complaint leading to the registration of Crime No.273/2020, which was reportedly covered by both print and electronic media. Despite submitting complaints to the Wyra Police, she stated that