Criminal Petition No. 830 of 2025 · High Court · 2025

Petition under Section 528 of BNSS praying that in the circumstances statcd in the Mernorandum of Grounds of Criminal Petition, the High Court may be pleased to call for Records and examine the same and quash the Proceedings in CC No.1370 oI 2023, Dt. 04.70.2023 on the file of the Court of the Junior Civii Judge cum Judicial Magistrate of First C1ass at Bhupalpally in_ F-IR No. 267 of 2023, Dt.28-09-2023 on the file of the PS, Ghanpur, U/sec.420 R/w.34 IPC aga inst the Petitioner hercin. I.A. NO: "l OF 2025 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandurn of Grounds of Criminal Petition, thc High Court may be pleased tq stay of all further proceedings in CC No.1370 of 2023, Dt. 04.10.2023 on the file of the Court ol- tl-re Junior Civil Judge cum Judicral Magistrate of Iririt Class at Bhupalpalll,' in connection with FIR No. 267 of 2021\, Dt.28-09-2023 on thc fite of the PS, Chan;,u1, tJ / sec. 420 R/w34 IPC pending disposal of the above Crl. I'. This I'etition con'ir-rg on for hearing, upon perusing thc Mernorandum of Grounds of Clirninal I 't lition ancl upon hearing the argunrents of Sri Vcnkat Prasad Ukkalam, Advor'ate for the Petitioner and the Public I'rosecutor on behalf of tl-re Responclent No.l arrcl of the Respondent No.2 not appearing in person or through his counsel. Thc Court made the follc,n'inli: ORDER o THE HON'BLE SHRI JUSTICE ANIL KUMAR JUI{ANTT CRIMINAL PETITION No.83O OF 2o25 ORDER: This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (for short BNSSJ by petitioners/ accused Nos. 1 to 3 to quash the proceedings against them in C.C.No.1370 of 2023, dated 04.1O.2023, on the file of Junior Civil Judge-cum-Judicial Magistrate of First Class at Bhupalpally in FIR No.267 of 2023, dated 28.09.2023, on tll.e file of Ghanpur Police Station, under Sections 42O read with Section 34 of Indian Penal Code (for short 'IPC).

2. Heard Mr. Venkat Prasad Ukkalam, learned counsel for petitioners and Ms. S.Madhavi, learned Assistant Public Prosecutor for respondent No.l-State. Perused the material on record

3. FIR was registered on 28.09 .2023 against petitioners under Section 42O read with Section 34 of IPC basing on a complaint of respondent No.2/de facto cornplainant. It is alleged in the complaint/FlR that respondent No.2 entered into an agreement of sale with petitioners for purchase of land 2 JAK, J CRLP 830 2025 admeasuring 2 Acres in Sy.No.3Ol€/e9 at outsl(irts of Chelpur Village @ Rs.BB,00,OO0/- per acre (Total sa_I,: consideration Rs. 1,76,00,000/ ). It is further alleged that petitioners, having received Rs. i,20,00,000/- from respondent No.2, registered only 1 Acre 200 Sq. yards and when respondent No.2 went to take possession of the land, relatives of petitioners did not allow respondent No.2 to take possession. It is also alleged that petitioners, having received the amount, cheated respondent No.2 by not registering the rest of the land as per the agreement of sale. Hence. tl-re complaint.

4. Learned counsel for petitioners/ accused submitted that pursuant to tlte agreement of sale of land admeasuring 2 Acres in Sy.No.30/C/ee at outskirts of Chelpur Village, petitioners registered LAcre 2OO Sq. yards in the name, of respondent No.2. It is fr.rrl.her submitted that in the complaint fiied by respondent No.2, there is no allegation that nerther petitioners cheated nor induced nor played any fraud nor obstructed respondent No.2 from taking possession. Allegations pertain to relatives of pr:titioners, vr,ho obstructed respondent No.2 from entering the 1and. That Section 42O read with Section 34 of IpC do not get attr.:rcted, as the ingredients are not made out. r' 3 JAK. J CRLP E3O 2025

5. Learned Assistant P,-rblic -Prosecutor appearing for respondent No.1-State submitted that petitioners agreed to sell la.nd admea.suring 2 Acres to iespondent No.2 and having received ar amount of Rs.l ,2A,OO,OOO I -, registered only 1 Acre 200 Sq. Yalds. It is further submitted that as per the agreement, iand admeasuring 2 Acres was to be soid anrcl ou failure to <1o so, respondent lJo.2 hled complaint that he was cheated by petitioners by inducernerrt and for not registering the remaining pert oI thc land errrd that petitioners were not allowing respondent No.2 to take possession of land. It is also submitted that Charge Sheet is irled.

6. Heard learned counsels, perused the entire record and considered the rival submissions.

7. Agreement of sale is dated 04.10.2076 (Page-33 to 35), as per schedule of property, it is 2 Acres of land situated at Chelpur Village, petitioners agreed to sell the land @ Rs.BS,OO,OOO l- per acre. Petitioners received an amount of Rs.5,00,O00/- on 04. lO.2O16, Rs.40,00,O00/- on 15.1O.2016 and Rs.43,00,000/- to be paid within 45 days from the date of the agreement. Petitioners, having received art amount of 4 JAK, J CRLP 830 2025 Rs. 1,20,00,000/-, registered land admeasuring 1 Acre 200 Sq. Yards onll, otr: of 2 Acres. These facts are borne by record and 6 are not in dispute.

8. Predominantly, the dispute is civil in nature. An agreement of sale for lzrnd admeasuring 2 Acres was entered in the year 201(r. Issue is q,ith regard to interference by the third parties after registration of land to an extent of 1 Acre 200 Sq. Yards. For rlaking out an offence under Section 42O of IpC, the follou,ing rngredients are to be made out: i. Pt:t itioners must have induced respondent No.2-de /ar:fo complainant from inception, ii. Thc said inducement must have been fraudulent or cli shonest and iii. Mens rea must have existed at the time of such inrlucement.

9. No such ingredients are made out from perusal of the record nor the allegations levelled disclose such ingredients. On a reading of the FIR and the contents of other documents, it can be inlerred that petitioners have neither dishonestly induced respondent No.2 nor have played aly liaud. A parcel of land is registered pursuant to agreement. No case is made I I I , I I 5 JAK, J CRLP 830 2025 ( out as canvassed by respondent lt{o.2. Ingredients required to attract the offence are not rnade out.

10. On consideration of the entire factual matrix, this Court is of the opinion that the dispute is citil in rtature, continuation of proceedings would be a futile exercise. irt vieu' of the sarrre, proceedings in C.C.No.t370 of 2023, dated 04.1O.2023, on the frle of Junior Civil Judge-cun-Judicial Magistr-ate of First Ciass at Bhupa.lpally (in FIR No.267 of 2023, dated 28.09.2023, on the file of Ghanpur Police Station) are liable to be quashed and are accordingly quashed. Respondent No.2 is at liberty to avail remedies as available under law. 1 1. For tfe aforesaid reasons, the Criminal Petition is allowed. Miscellaneous applications pending, if any, shall stand closed. //TRUE COPY// Sd/. MOHD. ISMAIL ASSISTANT REGISTRAR SECTION OFFICER To, Bhupalpally.

1. The Junior Civil f udge-cum-Judicial Magistrate of First Class at

2. The Staton House Officcr, Bhupalpally Police Station, J.S. Bhupal pally. e CC to Sri Venkat Prasad Ukkalam, Advocate [OPUC]

4. One CC to the Public Plosecutor, High Court Buildings, Hyderabad. [OPUCJ 5. Two CD Copies. lcK/gh {s/ HIGH COUR'I' DATED:29/07/2025 ORDER (-RLP No E30 of 2025 I l , I I I i i I i I I I Allowing the CliminaI Pctition { a b Lp ,.- ,ir4 re I t .) 2+ 2[[ t Op.cPr.ic r r(-l) , z { k