OSURI DEVENDRA PHANIKAR Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Accused No.1 of Calendar Case No.787 of 2011 on the file of III Additional Chief Metropolitan Magistrate, Hyderabad, is the quash petitioner in Crl.P.No.9266 of 2015 and accused Nos.2 to 7 in the aforesaid Calendar Case are the quash petitioners in Crl.P.No.1543 of 2016 respectively.

(2.) The 2nd respondent- de facto complainant is a retired I.A.S Officer. The 3rd respondent to the quash petition Crl.P.No.1543 of 2016 is no other than accused No.1 (petitioner in Crl.P.No.9266 of 2015) supra. The petitioners, who are A.1 to A.7 in both the petitions, are seeking to quash the proceedings in the aforesaid Calendar Case pending against them.

(3.) The contentions in the quash petitions in seeking to quash the Calendar Case proceedings are that the 2nd respondent-de facto complainant is the brother-in-law of accused No.1 (sister's husband). There were family properties and in relation to it, disputes arose between them. S.O.S.No.19 of 2001 filed against wife of the de facto complainant and others was ended in dismissal by the IV Additional District Judge, Narsapur, West Godavari District of Andhra Pradesh and appeal is pending against it. O.S.No.12 of 2002 pending on the file of the Principal District Judge, West Godavari District at Eluru, filed by wife of the de facto for partition was also ended in dismissal. Further, O.S.No.5 of 2005 on the file of the learned Principal District Judge, Eluru, filed by wife of the de facto complainant against brother's wife of accused No.1 and others including accused No.1 as defendant No.8 was decreed in her favour and appeal A.S.No.355 of 2012 is pending in the High Court. The 2nd respondent-de facto complainant filed O.S.No.483 of 2014 on the file of the VIII Junior Civil Judge, City Civil Court, Hyderabad, against accused No.1 and several statutory authorities for perpetual injunction and impugning it, Writ Petition No.27227 of 2000 is filed in the High Court, which was later withdrawn and dismissed therefrom. Calendar Case No.224 of 2002 filed for the offence under Section 500 IPC against the wife of the de facto complainant, was taken cognizance by the Additional Judicial Magistrate of First Class, Narsapur, and was later quashed by the High Court in Crl.P.No.2858 of 2002 in view of intervention of elders. Further, Calendar Case No.581 of 2007 on the file of I Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, filed by the 2nd respondent-de facto complainant against accused No.1 and editor of the Newspaper called UNDEEL, of Narsapur Town, West Godavari District, was compromised by the de facto complainant with surviving accused that is accused No.1 herein as per the terms of Memorandum of Understanding, dated 31.10.2014. Calendar Case No.646 of 2011 before the Additional Judicial Magistrate of First Class, Narsapur, West Godavari District, filed by accused No.1 against de facto complainant herein was later withdrawn pursuant to the Memorandum of Understanding supra dated 31.10.2014. Further, Calendar Case No.787 of 2011 on the file of III Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, filed for the offence under Section 500 IPC by the de facto complainant herein against accused No.1 and six others including of TV 9 personnel and that is also required to be withdrawn as per condition No.4 of the Memorandum of Understanding supra, dated 31.10.2014. Crl.P.No.10034 of 2011 filed by accused No.1 herein for quashing of said Calendar Case No.787 of 2011 and Crl.P.No.8717 of 2011 filed by de facto complainant herein for quashing of Calendar Case No.646 of 2011 were dismissed by the High Court on 14.10.2014. Further Crime No.11/ACB-CIU/2012 on the file of the Principal Special Judge for SPE and ACB Cases-cum-IV Additional Chief Judge, City Civil Court, Hyderabad, filed by accused No.1 against de facto complainant herein under Section 13 of the Prevention of Corruption Act, 1988 read with 164, 165, 169 and 406 IPC, was referred by the ACB police for lack of evidence and closed by the Court, from which the petitioner/accused No.1 filed Crl.R.C.No.683 of 2014 and ultimately not pressed and dismissed for non-prosecution on 05.06.2016 pursuant to the Memorandum of Understanding arrived on 31.10.2014 supra. Further, Calendar Case Nos.385 and 386 of 2007 pending on the file of IV Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, filed by the mother the de facto complainant herein against him are pending. The G.O., withdrawing his prosecution was struck down by this Court in Writ Petition No.20389 of 2006, filed by his mother and confirmed by Division Bench in W.A.No.664 of 2009, preferred by de facto complainant herein and Special Leave Petition against the same is pending before the Apex Court.