V RAMA DEVI Vs. L NIRMALA DEVI

JUDGEMENT

(1.) This petition is directed to call for the records relating to Cr.No.200/90 on the file of 6th Metropolitan Magistrate, Hyderabad and to quash the same. The petitioners filed this criminal petition alleging as follows: The first respondent is the wife of late Sri Yadava Reddy, brother of the first petitioner. Since Yadava Reddy lost his father while he was young, the petitioners not only brought up Yadava Reddy but helped him in his education and got him educated. Yadava Reddy was educated upto graduation and also got diploma in Pharmacy and for the entire education the petitioner helped Yadava Reddy. Later Yadava Reddy got employment in Iraq. In connection with his education, Yadava Reddy raised loans to the tune of about Rs.6,000/- in Torrur village and about Rs.25,000/- was spent by the petitioner on his education. In view of that, between the years 1982 and 1983 Yadava Reddy sent monies from Iraq to discharge the loans contracted by him in the village and also to repay the loans borrowed by him from the petitioners. In the year 1988 Yadava Reddy visited India and having developed illness died on November 19,1988 suddenly. All along, the first respondent who is the widow of late Yadava Reddy bore ill-will against the petitioners. At the instance of the first respondent Yadava Reddy issued a notice to the petitioners regarding the monies sent by him from Iraq. Later with a view to black mail the peti tioners the first respondent filed a private complaint under Sections 406 and 420 I.P.C. against the petitioners before the VI Metropolitan Magistrate, Hyderabad making false allegations and accusations. The same was referred to the police by the learned Magistrate and the police registered the same as Cr.No.200/90 and took up investigation in the case. Since the dispute is one of civil nature, it is not in the interest of justice to allow the police to further investigate into Crime No.200/90. Having filed a criminal case as stated supra on September 22,1990, the first respondent filed O.S. No.878/90 on the file of the IV Addl. Judge, City Civil Court, Hyderabad for the recovery of the amounts and other reliefs. Under these circumstances allowing Cr.No.200/90 to be further investigated amounts to nothing but abuse of the process of the Court and further alleging that to secure ends of justice, it is prayed for further proceedings in Cr.No.200/90 be quashed.

(2.) The learned Public Prosecutor submits that since the matter is at the stage of crime, Sec.482 Cr.P.C. cannot be invoked. To substantiate his contention, the learned Public Prosecutor relies upon Emperor vs. Nazir Ahmad and Kurukshetra University vs. State of Harynna.

(3.) In Emperor vs. Nazir Ahmad the question that arose for consideration is succinctly as follows: