AKULA KAVITHA ANOTHER Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Heard Sri Nimmagadda Satyanarayana, learned counsel for the petitioners, Sri S.Venkata Sainath, learned Special Assistant Public Prosecutor appearing for the State, and Smt.K.S.G.Padmavathi, learned counsel for the second respondent, apart from perusing the entire material available on record.

(2.) Accused Nos.2 and 3 in Cr.No.41 of 2013 on the file of Achanta Police Station, West Godavari District are the petitioners in the present Criminal Petition, filed under Section 482 Cr.P.C., wherein petitioners herein have sought for quashment of the said crime. A1 is the husband of the first petitioner and A2 is the daughter of the accused No.3. Second respondent herein lodged a complaint with the police on 27.05.2013 principally alleging that A1 borrowed an amount of Rs.39,02,600/- from him and is not returning the same, despite her requests. It is also alleged that A2 and A3 also supported the complainant to advance the said amounts for investing the same in the business. In the complaint, second respondent eventually made a request to take A1 into custody and see that the amount is paid. Basing on the said complaint, police registered the present crime for the alleged offences under Sections 420 and 506 r/w 34 IPC.

(3.) While referring to the contents of the complaint, it is submitted by the learned counsel for the petitioners that, in the absence of the necessary ingredients of the provisions of law, mentioned in the First Information Report, continuation of prosecution against the petitioners herein is a patent abuse of process of law. It is further submitted by the learned counsel that it is a matter of purely civil in nature and the provisions of the Indian Penal Code cannot be pressed into service.