Judgment · High Court · 2012

Order

This Criminal Petition is filed under Section 482 Cr.P.C., seeking to quash the proceedings against the petitioner-A-1 in Crime No.593 of 2012 on the file of Chilakalaguda Police Station, Hyderabad, registered for the offence punishable under Section 420 IPC. The petitioner-party-in-person appeared before this Court and stated that she neither entered into agreement with the complainant nor received any amount from her and that the dispute is purely civil in nature, therefore, the continuance of the proceedings against her is nothing but an abuse of process of the Court. At the initial stage of investigation, if the uncontroverted allegations in the complaint make out a

prima facie cognizable offence against the accused, then the statutory duty of the Police to conduct investigation into the matter. That statutory duty of the Police cannot be curtailed or interdicted. In the complaint, it is stated that the complainant agreed to purchase a for Rs.20.00 lakhs and accordingly, paid an amount of Rs.14.00 lakhs to A-1 as advance sale consideration. But, on enquiry, as it came to light that the accused are making constructions without obtaining valid permission from the municipal authorities concerned, the complainant demanded the accused to return the advance amount, but A-1 has paid only a sum of Rs.2.00 lakhs and has not returned the balance amount of Rs.12.00 lakhs. Dishonest concealment of fact is a deception within the meaning of Section 415 IPC. Whether the complainant entered into agreement with the petitioner-A-1 for purchase of the flat and whether she paid any advance sale consideration to the accused, as claimed by her, are questions of fact which cannot be resolved by this Court exercising the powers under Section 482 Cr.P.C. Hence, the Criminal Petition is dismissed. Miscellaneous Petitions, if any, pending in this Criminal Petition shall stand closed. ___________________ JUSTICE K.C.BHANU 18th December 2012 DR