K.VASUDHA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This criminal petition is filed under Sec. 482 Cr.P.C to quash the proceedings against the petitioner/A-1 in C.C.No.405 of 2011 on the file of VIII Metropolitan Magistrate, Cyberabad at Rajendranagar.

(2.) The second respondent filed a private complaint before the Court of VIII Metropolitan Magistrate, Cyberabad at Rajendranagar against the petitioner herein and another. The petitioner is A-1. The allegations in brief are that she is the owner and possessor of plots bearing Nos.38 and 39 admeasuring 2000 square yards in survey No.105 (Part) situated at Puppalaguda Village, Rajendranagar Mandal, Ranga Reddy District having purchased the same from petitioner under registered sale deed dtd. 11/5/1999. The entire sale consideration was paid in respect of said plots. Subsequently, the petitioner delivered vacant possession of the said plots. Later, the petitioner in collusion with A-2 executed cancellation of sale deed which was executed in favour of the second respondent making a false declaration that the sale consideration was not received. The said complaint was forwarded to the Narsingi Police Station, Cyberabad District and the same was registered in Cr.No.118 of 2008 for the offences punishable under Ss. 406, 420 IPC and Sec. 82 of the Registration Act. After completion of investigation, the police filed final report against the petitioner and another.

(3.) Learned counsel for the petitioner contended that the allegations of the complaint do not make out any of the cognizable offences, much less, the alleged offences. The second respondent already filed civil suit vide O.S.No.171 of 2008 on the file of I Additional District Judge, Ranga Reddy for cancellation of registered sale deed dtd. 24/3/2006 executed by the petitioner in favour of one Jaipal Reddy who is A-2 in the above crime. He also submits that the entire transaction is of civil in nature. Therefore, he prayed to allow the petition and quash the proceedings.