IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE 19th DAY OF OCTOBER, TWO THOUSAND AND ELEVEN PRESENT HON’BLE SRI JUSTICE G.CHANDRAIAH CRIMINAL PETITION No.1781 of 2009 Between: Pottluri Ravindra Kumar … Petitioners And Pulavarthi Vijaya Lakshmi and another … Respondents This Court made the following: HON’BLE SRI JUSTICE G.CHANDRAIAH CRIMINAL PETITION No. 1781 OF 2009 ORDER: - The petitioner/A2 in Crime No.448 of 2007 punishable under Sections 420 and 406 IPC, filed the present criminal petition under Section 482 of the Code of Criminal Procedure, 1973 seeking to quash the said crime. Brief facts of the case are that the 1st respondent herein is the de facto complainant, who lodged a complaint on 03.12.2007 before the Station House Officer, Ibrahimpatnam Police Station, Krishna District against the petitioner alleging that she is a resident of Vijayawada and her husband died about three years back. She borrowed an amount of Rs.25,000/- from Pottluri Ravindra Kumar through Malampati Prasad under registered mortgage of 4 cents of house site situated in Jakir Hussain College Road, Ibrahimpatnam on 10.05.2005 due to financial crisis. Later the said P.Ravindra told that Vempati Prasad has taken an amount of another Rs.75,000/- on the above said mortgaged documents of her besides Rs.25,000/- taken by the de facto complainant. It is further submitted that the said Prasad also told her that after 18 months from the date of taking loan by her, he had taken an amount of Rs.75,000/- from the said Pottluri Ravindra. Then she asked Ravindra as to why he had given amount to Prasad without her knowledge and said that it is not good and also told that she would clear the above said loan amount at any cost. The said Ravindra has sold away the above said mortgaged property to one Pallekoti Usha Devi, W/o.Pallekoti Kishore, Vijayawada for Rs.2,80,000/- in the year 2007. She got confirmed the same by making enquiry with the said Kishore. Hence, the Malampati Prasad and Pottluri Ravindra have cheated by giving Rs.25,000/- to her as a loan and sold away the above said property for high value. Under the above circumstances, the 1st respondent lodged a complaint and the 2nd respondent taking cognizance of the allegations mentioned in the complaint, registered a crime in F.I.R.No.448 of 2007 punishable under Section 420 and 406 IPC. Questioning the same, the present Criminal Petition is filed. This Court while issuing notice before admission to the 1st respondent on 25.03.2009 granted interim stay of arrest. Learned counsel for the petitioner would submit that while the criminal petition is pending before this Court, on 26.05.2010 the de facto complainant has filed a representation stating that the disputed amount was paid by the petitioner to the de facto complainant i.e., the 1st respondent and therefore, no action is necessary to be taken against the petitioner. In that view of the matter, as the amount required to be paid by the petitioner to the de facto complainant is said to have been paid, therefore, no purpose would serve to him to continue the proceedings against the petitioner in view of the letter, dated 26.05.2010. Therefore, the F.I.R. is liable to be quashed insofar as the petitioner, who is A2 in crime No.448 of 2007, is concerned. Accordingly, the Criminal Petition is allowed. ____________________ G. CHANDRAIAH, J 19.10.2011 lmv HON’BLE SRI JUSTICE G.CHANDRAIAH CRIMINAL PETITION No.1781 of 2009 19.10.2011 lmv