THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.10503 OF 2025

ORDER:

This Criminal Petition is filed by the petitioners – accused Nos.3 to 5 seeking to quash the proceedings in C.C.No.4343 of 2024 on the file of the learned XVI Additional Chief Metropolitan Magistrate, Hyderabad, registered for the offences under Sections 323, 380, 414, 448, 453, 506 & 509 read with 34 & 120-B of the Indian Penal Code (for short “IPC”).

2. Heard the submissions of Mr. Mohd. Muzafferullah Khan, learned counsel for the petitioners and Sri Jithender Rao Veeramalla, learned Assistant Public Prosecutor for respondent No.1 – State.

3. The learned petitioner counsel has submitted that the matter arises out of a civil dispute and that the accused No.1 herein is a plaintiff in O.S.No.551 of 2019, wherein he was granted status-quo by the trial Court in the year 2019, restraining the defacto- complainant from interference into his property. Thus, the defacto- complainant has lodged the present complaint saying that he purchased the land and that the petitioner herein has entered into his land on 07.03.2023 and interfered with his possession. When the petitioner himself is enjoying status-quo order, the question of trespassing into his own land does not arise. Therefore, there is no iota of truth in the allegations leveled against the petitioner. Hence, prayed to quash the proceedings.

4. The learned Assistant Public Prosecutor has submitted that the proceedings in civil nature does not hamper the criminal proceedings and that the prosecution is not concerned with civil proceedings. The cognizance order of the Magistrate is based on the prima-facie material and he therefore, prayed to dismiss the petition.

5. Perused the record.

6. The petitioners herein are accused Nos.3 to 5 and it is alleged that they have trespassed and they have beaten and threatened the defacto-complainant and also have stolen certain items including gold. The petitioner counsel contends that when a civil dispute is pending before a Civil Court, Criminal Proceedings cannot be initiated against them. In Kathyayini v. Sidharth P.S. Reddy, 2025 LiveLaw (SC) 712, the Apex Court has held that pendency of civil proceedings on the same subject matter, involving the same parties is no

justification to quash the criminal proceedings if a prima facie case exists against the accused persons. Considering the prima-facie material, the learned Magistrate has taken the case on file vide C.C.No.4343 of 2024.

7. Thus, in the facts and circumstances of the case, the Criminal Petition is disposed of, dispensing with the attendance of the petitioner before the trial Court, unless their presence is specifically required by the trial Court during the course of trial, provided that they shall be represented by their counsel on every date of hearing.

Miscellaneous applications pending, if any, shall stand closed.

____________________________ JUSTICE TIRUMALA DEVI EADA Date: 29.08.2025 ds