THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRIMINAL PETITION No.5566 of 2010 ORDER: This Criminal Petition is filed under Section 482 Cr.P.C. for quashing further proceedings in Crime No.10 of 2010 of Andra P.S., Vizianagaram District. Heard learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent-State. A request is made for adjournment, by the learned counsel for respondents 2 and 3 – de facto complainants, and the same is refused. Perused the record. The respondents 2 and 3 filed a private complaint before the Judicial Magistrate of the First Class, Gajapathinagaram, against the petitioner alleging offences under Sections 406, 420 and 423 IPC and the said complaint was referred to the police whereupon FIR in Crime No.10 of 2010 was registered for the above said offences. As seen from the complaint, the petitioner-accused and respondents 2 and 3 are brothers and that themselves and other brothers together own Ac.80-00 cents of land and the lands are being jointly cultivated by all the brothers. According to the complainants, they are illiterates and the petitioner is working as a teacher and that the petitioner is taking the entire agricultural income without distributing the same among the brothers and misappropriated the joint family funds. It is further alleged that the petitioner has not been cooperating to effect partition of the lands in spite of demands by the respondents-complainants and that the petitioner has taken thumb impressions of the complainants on blank papers and is threatening to use them to fabricate certain documents. The complaint discloses that the dispute between the brothers is purely civil in nature pertaining to the alleged demand of the complainants for effecting partition of the joint family lands and refusal of the same by the petitioner. There is no allegation to the effect that the petitioner has fabricated any documents on the basis of the thumb impressions alleged to have obtained on blank papers or that any such documents are put to use against the complainants. The complaint also does not disclose as to when and in whose presence or under what circumstances the said thumb impressions were obtained on blank papers and, similarly, when the alleged threats were made by the petitioner. The complaint is vague and the ingredients of the alleged offences are not attracted here prima facie and, it is a typical case of civil dispute between brothers who are demanding partition of the property, sought to be given colour of criminality. In the circumstances, it is held that continuance of further proceedings on the basis of such a complaint is nothing but abuse of process of law. It is, therefore, held a fit case where the inherent powers of this Court under Section 482 Cr.P.C., can be invoked and, accordingly, further proceedings in Crime No.10 of 2010 of Andra Police Station are quashed. In the result, the criminal petition is allowed. _______________________ G.V.SEETHAPATHY, J 20th October, 2011 KSM