THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.16254 of 2024

ORDER

This Criminal Petition is filed by the petitioner/accused No.1 to quash the proceedings againsthimin Crime No.1732 of 2024 on the file of Miyapur Police Station, Cyberabad, registered for the offences punishable under Sections329(4), 324(4) and 351(2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, ‘the BNS’).

2. The brief facts of the case are that the de-facto complainant is running home appliances business in the name of Well Vision Home Appliances Private Limited. In order to store the home appliances, he took subject property on lease from the accused persons and executed unregistered lease deed dated 22.08.2024 in respect of the subject property. Thereafter, by seeing progress in the said business, the accused persons started demanding higher rents and when the de-facto complainant denied the same, the accused persons besides trying to dispossess the de-facto complainant by trespassing into the subject property, they also damaged materials in the subject property and threatened the de-facto complainant with dire consequences by abusing in filthy language. Hence, a case was registered vide Crime No.1732 of 2024 before the Miyapur Police, Cyberabad.

3. Heard Ms.K.DurgaBhavani, learned Counsel for the Petitioner as well as Sri Arun Kumar Doddla, learned Additional Public Prosecutor for respondent No.1-State. Though notice served, none appeared on behalf of respondent No.2.

4. Learned counsel for the petitioners submitted that the petitioner is owner of the subject property and the de-facto complainant handed over the keys of the subject property to the petitioner on 01.05.2024. He further submitted that the de-facto complainant filed suit vide O.S. No. 1062 of 2024 for perpetual injunction in respect of the subject property and the same is pending before the trial Court. He also submitted that though there are civil disputes between the parties, a criminal case is filed against the petitioner with false and fabricated allegations only to harass the petitioner. Hence, he prayed the Court to allow the Criminal Petition by quashing the proceedings against the petitioner.

5. On other hand, learned Additional Public Prosecutor for respondent No.1-State opposed the submissions of the learned counsel for the petitioner stating that there are serious allegations against the petitioner and investigation is not yet completed. Hence, he prayed the Court to dismiss the Criminal Petition.

6. In view of the rival submissions made by the parties, this Court has perused the material available on record. It is apparent that the only allegation against the petitioner is that he trespassed the subject property and tried to dispossess the de-facto complainant. Whereas, the de-facto complainant having failed to pay the rents as per the unregistered lease agreement deed dated 22.08.2022, handed over the keys of the subject property to the petitioner on 01.05.2024 agreeing to take the materials in the subject property after clearing all rental due payments. It is noteworthy that while things stood thus, the de- facto complainant filed a suit vide O.S. No. 1062 of 2024 on 03.12.2024 against the petitioner for perpetual injunction in respect of the subject property and the same is pending before the trial Court. Pertinently, the disputes arose between the parties are civil in nature and that a suit is filed before the trial Court. Hence, since the allegations levelled against the petitioner are civil in nature, which have to be adjudicated by the trial Court in the suit filed by the de-facto complainant, this Court is inclined to quash the proceedings against the petitioner.

7. Accordingly, the Criminal Petition is Allowed and the proceedings against the petitioner/accused No.1 in Crime No.1732 of 2024 on the file of Miyapur Police Station, Cyberabad, are hereby quashed.

Miscellaneous applications, if any pending, shall also stand closed.

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K. SUJAN