Court allowed quashing of criminal proceedings under Section 482 CrPC. Judgment held that merits decided by Consumer Forum and Civil Court make complaint frivolous and amounting to abuse of process of law.
Further proceedings in Calendar Case No.820 of 2006 before Judicial Magistrate, Chilakaluripet are quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
SMT. JUSTICE T. RAJANI
CRIMINAL PETITION No.11918 OF 2011
ORDER :
The present Criminal Petition is filed, under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Code’), by the petitioners - accused Nos.1 to 5 seeking to quash the proceedings against them in Calendar Case No.820 of 2006, pending on the file of the learned Judicial Magistrate of First Class, Chilakaluripet, registered for the offences punishable under Sections 420 and 120-B read with 109 of the Indian Penal Code, 1860 (for short ‘IPC’).
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consideration, and part of consideration was already paid to accused No.1. Accused No.1 undertook to complete the construction within 18 months, and the balance amount has been paid at different times to accused No.1. There is a condition in the agreement that the land owner shall not commit any default in payment of amount. As per the terms and conditions of the agreement, the complainant paid the amounts at different times to accused No.1, but the flat was not completed as agreed. The complainant approached accused No.1 several times, and she ultimately came to learn that accused Nos.1 to 3 and 5 have colluded with accused No.6 at the instigation of accused No.4 and got executed a binami sale deed in favour of accused No.6.
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recovery of possession of property, and by virtue of judgment, 15.12.2010, the said suit was dismissed. Having failed in all attempts the complainant now filed the present complaint.
Consequently, Miscellaneous Petitions, if any, pending in the present Criminal Petition stand closed.
October 29, 2018 Mgr
_______________________ SMT. T. RAJANI, J
3 issues framed by the court
Whether criminal proceedings initiated after vesting of civil rights constitute abuse of process of law.
Whether the filing of complaint after merit decided by Consumer Forum and Civil Court warrants quashing.
Whether petitioner accused in land/construction dispute are entitled to quashing of criminal proceedings.
1 provisions across 1 enactments
Accused Nos. 1 to 5
State of Andhra Pradesh
T. RAJANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
