Petitioners sought quashing of a chargesheet arising from a family property dispute already pending in civil suits. The court held continuation of criminal proceedings undesirable in view of the civil dispute background and allowed the petition.
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.
13257 1
IN THE HIGH COURT FOR THE STATE OFTELANGANA AT HYDERABAD
THURSDAY, THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT JUSTICE JUWADI SRIDEVI :' CRIMINAL PETITION NO: 1646 OF 2021
Between:
AND
... RESPONDENT/DEFACTO.COMPLAINANT
Petition under Section 482 of Cr.P.Cpraying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, theHigh Court may be pleased to quash the cahrgesheet in C.C.No. 921 ol2021 ,on the file of Honble XXIV Additional Metropolitan Magistrate Court, Rachakonda atHayath Nagar, Ranga Reddy District.
l.A. NO: 1OF 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 stay of all further proceedings including the appearance of the petitioners/Accused No. 1 to 5, in C.C.No. 921 of 2021, on the file of Honble XXIV Additional Metropolitan Magistrate Court, Rachakonda at Hayath Nagar, Ranga Reddy District.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri K. Venumadhav, Advocate for the Petitioners and the Public Prosecutor on behalf of the Respondent No.1 and M/s. P. Vijaya Lakshmi, Advocate for the Respondent No.2.
The Court made the following: ORDER
!'*
THE HON'BLE SMT. JUSTICE JUVVADI SRIDEVI
CRIMINAL PETITION No.1646 of 2021
ORDER:
Petitioners are seeking to quash the proceedings against them in C.C.No.92l of 2021 on the file of XXIV Additional Metropolitan Magistrate Court, Rachakonda at Hayathnagar, registered for the offences under Sections 25,403, 193,451, 458, 406, 120(B), 420,341,352,354(8), 506 and 509 r/w 34 oflPC
2
,. fI? \
JS, J Crl.P.No.7646 of 2O27
daughters. However, after the death ofher father-in-larv, all the petitioners herein, taking advantage of mental illness of the husband of the de ./'acto complainant, took him to their house and by suppressing that he was having wife and children, have filed a suit for partition in o.S.No.60g of 2012 on the file of I Additional District Judge, Ranga Reddy District. A preliminary decree was passed in the said suit by judgrnent, dated 06.12.2012 basing on the collusive compromise without thc knowledge of Lhe de facto complainant. Basing on such collusive decrec, a registered partition deed was executed on 20.12.2014. On coming to know of the decree in the aforesaid suit, the de facto complainant herein got filed O.S.No. l6 of 2019 before the XIII Additional District Judge, Ranga Reddy District at L.B.Nagar seeking to declare the said preliminary decree as well as the consequential final decree as null, void, fraudulent, etc. The copy of plaint in O.S.No.16 of 2019 is placed on record.
,s, J Crl.P.No.7646 of 202I
3
is of the considered view that it is not desirable to continue the impugned
criminal proceedings against the petitioners.
Hayathnagar, Ranga Reddy District.
Pending miscellaneous applications, ifany, shall stand closed.
Sd/- A.V.S. PRASAD ASSISTANT REGI RAR
//TRUE COPY//
SECTION OFFICER
To,
plp
HIGH COURT
DATED:0410712024
ORDER
CRLP.No.1646 of 2021
o( i..,z- <br>,:, n
,-ti
) 'r" !!
! "t&
-c :.1 ^ tl il
\- l. :!
CQ :/'
\ ;Bt
J lli!' +.-
..:.,-
ALLOWING THE CRL.P.
9A
1 issue framed by the court
Whether criminal proceedings in C.C.No.921 of 2021 against the petitioners should be quashed given that the underlying dispute over family properties is already the subject of pending civil suits.
10 provisions across 2 enactments
K. Vijaya Lakshmi
M. Krishna Kumari
G. Nagamalleswari
G. Sai Krishna
Dokku Chandra Mohan
The State of Telangana
Juwadi Sridevi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
