THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON’BLE SMT.JUSTICE TIRUMALA DEVI EADA Date:11.03.2026 Between:

Mohammed Abdul Waseem …Petitioner/Accused No.3 And State of Telangana, Rep. by the Public Prosecutor, High Court for the State of Telangana, Hyderabad and two others.

… Respondents

ORDER:

This criminal petition is filed seeking to quash the proceedings against the petitioner-accused No.3 in CC No.7179 of 2022 on the file of I-Additional Chief Metropolitan Magistrate at Nampally, Hyderabad, for the offences under Sections 406, 420 and 120-B IPC.

2. Heard Sri Zulfaquar Alam, learned counsel for the petitioner and Smt. Divya Rai Sohni, learned counsel for the respondent No.2.

3. The case of the prosecution is that in 2018-2019, the de facto complainant has given an amount of Rs.1,95,00,000/- to accused Nos.1 and 2 for Real Estate Business, but they cheated him. Hence, he approached the Commercial Court for recovery of the said amount by filing a suit vide C.O.S. No.26 of 2020 and obtained attachment orders in I.A. No.252 of 2020 dated 17.11.2020, in respect of the property i.e. Villa No.12, admeasuring 527.76 sq. yds., in the Gated Community ‘Ace Casablanca’, situated at Kokapet village, Gandipet Mandal, Narsingi Municipality, Ranga Reddy District. It is further alleged that attachment was effected by the bailiff and towards discharge of the liability, accused No.2, who is the wife of accused No.1, has agreed to pay a sum of Rs.2,05,00,000/- in full and final settlement of the claim and the same was treated as sale consideration for purchase of the above said property by the de facto complainant and that on 15.01.2021, the de facto complainant paid the remaining settlement amount of Rs.10,00,000/- to the accused Nos.1 and 2 through cheque No.038683 at the house of Syed Vicaruddin in the presence of LWs.3 and 4. On 06.02.2021, accused Nos.1 and 2 have registered the Agreement of Sale cum General Power of Attorney vide document No.3542 of 2021 at the Sub-Registrar Office, Gandipet, in faovur of the de facto complainant in respect of the above said property. Subsequently, on 06.05.2021, the de facto complainant sold the said property to LW.5-Maruva Chandra Sekhar Reddy vide document No.7205 of 2021.

3.1. It is alleged that the accused Nos.1 and 2 conspired together with a common intention and hatched a plan and accordingly, they have executed agreement of sale dated 18.12.2019 over the same subject property in favour of accused No.3, who is a known person to accused Nos.1 and 2, thereafter accused No.3 has filed a suit vide OS. No.73 of 2021 on the file of the XIV Additional District Judge, Ranga Reddy District against the accused No.2 and two others, for specific performance of the agreement of sale. On an earlier occasion also, the accused Nos.1 and 2 executed an agreement of sale in favour of accused No.3 in respect of the same property and thereafter they sold the said property to a third party. After that, as per their plan, accused No.3 filed a suit against accused Nos.1 and 2 and the said victim. Further the accused persons threatened the victim and then they privately settled the matter by taking extra money from the victim. Thus, the accused through their acts, have cheated the de facto complainant. Hence, charge sheet is filed against the accused for the offences under Sections 406, 420 and 120-B IPC. It is further alleged that some persons, on behalf of the accused, have illegally trespassed into the property and created galata in the property by threatening the watchman and also LW.5 and that they will take possession of the property and to lock the same, upon which, LW.5 has also lodged a complaint.

4. Learned counsel for the petitioner-accused No.3 has submitted that as per the contents of the complaint, if the subject property was sold by the de facto complainant to one Meruva Chandra Sekhar Reddy through a registered sale deed and delivered peaceful possession on 06.05.2021, the de facto complainant c