The High Court · 2025

Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminat petition, the High Court may be pleased to quash the proceedings in C.C.No.8.l I of 2O2l on the file of the XXI Metropolitan Magistrate, Cyberabad at Medchat, for the offences Uls. 447, 504,506 rlw 34 lPC, against the Petitioner/Accused No.1 alone. l.A. NO: 2OF 2021 ' Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal petition,the High Court may be pleased to grant stay of all further proceedings pursuant of the petitioner/Accused No.1 alone, in c.c.No.817 oI 2021 on the file of the XXI Metropolitan lrzlagistrate, cyberabad at Medchal, pending disposal of the quash petition in the interest of justice. I This Petition coming on for hearing, upon perusing the lVlemorandum of Grounds of Criminal Petition and upon hearing the arguments of [\r1r_ Hyder Ali representing for M/s. Pillix Law Firm, Advocate for the petitioner and Mr. E.Ganesh, Assistant Public Prosecutor on behalf of the Respondent No.1 and of Sri C.V.R.Rudra Prasad, Advocate for the Respondent No.2. The Court made the following: ORDER - THE HONOURABLE SRI JUSTICE E.V.VENUCTOPAL CRIMINAL PETITION No.1O1O5 OF 2O2L ORDER: This Criminal Petition is filed under Section 482 of Cr.P.C seeking to qua.sh the proceedings against petitioner/ accused No.l in C.C.No.B17 of 2O2I on the file of the learned XXI Metropolital Mirgistrate, Cyberabad, at Medchal for the offences punishable under Sections 447 , 504, 506 r /w 34 of I.P.C.

2. Heard Mr.Hyder Ali, learned counsel representing M/S.Pillix Law Firm, counsel for the petitioner, Mr.E.Galesh, learned Assistant Public Prosecutor appearing for resporident No.1-State and Mr.C.V.R.Fiudra Prasad, learned counsel for respondent No.2.

3. The brief lacts of the case are that respondent No.2lde facto complainant is the owner of Villa bearing No.29 at Dollar Dreams, Bowrar-npet, Dundigal Maldal; that accused No.1 with the help of his henchmen carne to the house of complainant and infornlpd that he u,ould open 60 ft road of Sai Baba Colony which \ is beside Dollar Dreams Colony and threatened to demolish the main gate of the said Colony and occupy it; that accused No. 1 along with his henchmen visited their Colony by bullet vehicle I ') and created inconvenience to children and ladies; that accused No.l also stated that his Colony members have life threat from accused persons. Basing on the said facts, F.I.R.No.717 of 2O2O dated 18.1O.2O2O was registered against the petitioner . and others for the offences punishable under Sections.447, 504, 506 rlw 34 of I.P.C. Later, charge sheet was laid vide C.C.No.8l7 of 2027 before the learned XXI Metropolitan Magistrate, Cyberabad, at Medchal. 4 . lrarned counsel for the petitioner submitted that the present complaint is filed suppressing the fact of filing of civil suit vide O.S.No.184 of 2018 before the competent Court; that respondent No.1 without enquiring the same from the HMDA Department filed charge sheet. Relying on the decisions passed by the Honble Supreme Court in Rishipal Singh Vs. State of U.P.l, Punjab National Bank & Others Vs. Surendra Prasad Sinha2 and State of Haryana atrd others Vs. Ch.Bhajanlal and Others3, Jaswant Singh Vs. State of Punjab and anothera, he seeks to allow this Crimina-l Petition. I ' lzor+1 scc zrs , 2000 (1) scR 417 3 1992 Crl.L) 2916 1 Criminal Appeal No.1233 of 2O2l (Arisrng out of SLP (CrI.l No.7O72 ot 2O2l .,

5. learned counsel for respondent No.2, by filing countet affidavit, submirs that the petitioner is not the resident of the subject colony and that he has nothing to do with the house of respondent No.2; that the petitioner along with his henchmen had admittedly trespassed into the house of respondent No.2 and created nuisance. Therefore, he submits that the matter requires full-fledged trial and seeks to dismiss this Criminal petition.

6. Learned Assistant Public prosecutor also contends that the matter requires to be tried and seeks to dismiss this criminat Petition. 7 . A perusal of the material available on record shows that O.S.No.184 of 20 18 hled by M/s.Dollar Dreams plot Owners welfare Association against petitioner herein seeking the relief of Perpetual Injunction was dismissed for default on 24.o2.2o2o before the learnecl Principal Junior Civil Judge, Medcha_l, Ranga I Reddy District.

8. This Court vide common order dated O2.O1.2O24 in Crl.P.Nos.9791 of 2O18 and 1Og3 of 2022 quashed the proceedings against respondent No.2 herein and others in crime No.285 of 2018 before the Station House officer, Dundigar police Station, Cyberabad, connected with the charge sheet vide .+ -! C.C.No.446 of 2079 on the hle of the learned I Additional Junior Civil Judge-cum-XXI Metropolitan Magistrate, Cyberabad, Medchal' for the offences punishable under Sections 34 1 and 506 of I.P.C. respectively. It is pertinent to note that in the aforecited Criminal Petitions the petitioner herein is the de facto complainant.

9. It is apparent from the record that this Court vide order dated 02.O1.2024 in Crl.P.No.10O82 of 2O2l quashed the proceedings against the petitioner herein in C.C.No.5B2 of 2O2l on the file of the learned XXI Metropolitan Magistrate, Cyberabad, at Medchal for the offences punishable under Sections 347, 447 and 427 of I.P.C.

10. Having regard to the submissions made by both the learned counsel, relying on the decisions cited supra, the decision passed by the Honble Supreme Court in Haji Iqbal alias Bala through S.P.O.A. Vs. State of U.P. and Otherss and upon taking into consideration the overall circumstances that lead to the initiation / registration of the case as well as the materials collected in the course of investigation, this Court is ol the view that multiple F.l.R.s registered over a period of time q,ould evince wreaking out vengeance out of private or personal grudge t 2023 scc onLine SC 946 r between the parties. Moreover, the uncontroverted allegations made in the F.l.R. or complaint arrd the evidence collected in support of t[e sarne do not disclose the commission of any offence and make out a case against the accused. Therefore, this Court is inclined to quash the proceedings in so far as the petitioner/ accused No.1 is concerned in C.C.No.8l7 of 2021 on the file of the learned XXI Metropolitan Magistrate, Cyberabad, at Medchal.

11. Accordingly, the Criminal Petition is allowed by quashing the proceedings in so far as the petitioner/ accused No.l is concerned in C.C.No.817 of 2021 on the file of the learned XXI Metropolitan Magistrate, Cyberabad, at Medchal. Miscellaneous Petitions, pending if any, shall stand closed. //TRUE COPY// Sd/,MOHD. ISMAIL I Secrtott oFFlcER To,

1. The )(Xl Metropolitan Magistrate, Cyberabad at Medchal. 2. Two CCs to the Public Prosecutor, state of Telangana, High court Buildings at HyderabadlOUTl

3. The-station House Officer, Dundigal Police Station, Cyberabad' 4. One CC to M/s. Pillix Law Firm [OPUC] 5. One CC to Mr. C.V.R.Rudra, Advocate IOPUC] 6. Two CD CoPies ,r, M- l HIGH COURT DATED:0410312025 ORDER CRLP.No.10105 of 2021 IS t 1 , o 01 l(h\ m5 o t o t:s I o ALLOWING THE CRL.P. (,