Criminal proceedings involving allegations of cheating cannot be quashed under Section 482 Cr.P.C. merely because a civil suit regarding the property is pending, provided the complaint discloses a prima facie criminal intent existing at the inception of the transaction.

ORDER:

This Criminal Petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C.’) by the petitioner/accused No.1, seeking to quash the proceedings in C.C. No.2654 of 2022 on the file of the XIV Additional Metropolitan Magistrate, Cyberabad, Ranga Reddy District at Rajendranagar.

2. Heard Mr.S.Ram Reddy, learned counsel for the petitioner, Mr.Goverdhan Venu, learned counsel, representing M/s Nomos Vistas The Lawyers, appearing for respondent No.2 and Mr.M.Vivekananda Reddy, learned Assistant Public Prosecutor, appearing on behalf of respondent No.1.

Brief facts of the case:

3.1. That on 18.05.2022, the de-facto complainant/respondent No.2 lodged a complaint alleging that he purchased a Plot No.379 in Sy.No.529 to an extent of 200 square yards on his wife's name in New Green City, Budvel vide Sale Deed No.1392 of 1997, SRO, Rajendranagar in the year 1997. Thereafter, he obtained LRS proceedings No.LRS/1575/CR-6/GHMC/2008, dt.05.09.2008, and is in peaceful possession and constructed a compound wall. On 23.08.2018, D.Bhaskara Rao, who is the petitioner/accused No.1 sent a Court notice to him through Advocate Pinnu Nagaraju and told that the above plot No.379 is purchased by him vide Sale Deed No.9161 of 2018 of SRO, Rajendranagar executed by V.Narayana Reddy, GPA holder to V.Mohan Reddy, M.Jaihind Reddy and V.Anasuya with Sy.No.529/అ. It was observed that accused No.1 has filed a suit in O.S. No.1867 of 2018 on the file of the VII Assistant Sessions Judge, Ranga Reddy District at L.B.Nagar, and on 05.05.2022, accused No.1 has fixed the name boards and took somebody to the site to sell the plot to them and harassing him and his wife and requested to take action. Based on the said complaint, the Crime No.875 of 2022 was registered against the petitioner and other accused for the offences under Sections 420, 468 and 471 of IPC and after conducting investigation, the Investigating Officer filed charge sheet for the offence under Section 420 of IPC before the XIV Additional Metropolitan Magistrate, Cyberabad, at Rajendra Nagar, Ranga Reddy District and the learned Magistrate took cognizance of the same and issued summons to the petitioner and other accused in C.C. No.2654 of 2022. Hence, the present Criminal petition filed by the petitioner/accused No.1 seeking to quash the proceedings in C.C.No.2654 of 2022.

4. Submissions of the learned counsel for the petitioner:

4.1. Learned counsel for the petitioner submitted that the petitioner has not committed any offence and he was falsely implicated in the present case. Even according to the allegations made in the complaint and in the charge sheet, the ingredients for the offence under Section 420 of IPC are not attracted against the petitioner. He further submitted that the petitioner had purchased the property to an extent of 200 square yards in plot No.379 in Sy.Nos.529/ అ, 529/ఆ and 530/అ through registered Sale Deed, dated 23.08.2018, from its rightful owners by paying valuable sale consideration and since then he has been in possession and enjoyment of the property and he is a bonafide purchaser.

4.2 He further submitted that respondent No.2 lodged a complaint alleging that he had purchased 200 square yards in Sy.No.529 in the name of his wife through Registered Sale Deed, dated 14.03.1997, and the petitioner along with other accused are trying to interfere with the subject property. When the wife of respondent No.2 claimed the very same property of the petitioner through alleged Regis