SERI SASIKALA Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Petition under Sec. 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C. '), is filed seeking to quash the proceedings in Crime.No.106 of 2022, pending on the file of Shankerpalli Police Station, Cyberabad. The petitioner herein is accused No.4 in the said crime. The offence alleged against him is under Sec. 420 of IPC.

(2.) Heard the learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondents. Perused the record.

(3.) Perusal of the record would reveal that the petitioner herein and the 2nd respondent have entered into agreement of sale dtd. 19/12/2020 with regard to sale of land admeasuring Ac.0/38/76 gts situated at Hussainpura Village, Kothapally Gram Panchayat, Shankerpally Mandal, R.R.District on the specific terms and conditions agreed therein. According to the 2nd respondent, the petitioner herein is not coming forward to receive balance sale consideration and execution of registered sale deed in his favour. In the agreement of sale at clause No.3, the parties have agreed that if the petitioner fails to execute registered sale deed in favour of the 2nd respondent on receipt of balance sale consideration, the 2nd respondent is entitled to seek specific performance of the said agreement of sale legally and claim the relief against the petitioner herein before the competent Court of law. There is also a clause that if the 2nd respondent fails to pay the said amount within the stipulated time, the agreement of sale stands cancelled automatically and the amount of advance sale consideration received by the petitioner will be refunded to the 2nd respondent without interest. Hundred (100) days time was specified in the said agreement of sale. Sri N.Naveen Kumar, learned counsel for the petitioner would submit that the 2nd respondent has not filed any suit for specific performance of the said agreement of sale and that the petitioner is ready to refund the said amount in terms of said agreement of sale. The said facts would reveal that the disputes between the petitioner and the 2nd respondent are civil and contractual in nature. The contents of the complaint dtd. 22/2/2022, prima facie, lacks ingredients of offence under Sec. 420 of IPC. However, it is at crime stage. Thus, there are several factual aspects to be investigated into by the Investigating Officer during the course of investigation including the allegations made by the 2nd respondent in the complaint dtd. 22/2/2022.