THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.987 of 2008 ORDER: Petitioner approaches this Court with a prayer to quash the proceedings in C.C.No.3540 of 2005 on the file of the IX Metropolitan Magistrate, Cyberabad, whereby he is facing charge for the offence punishable under Sections 406, 420 read with 109 IPC. Heard both sides. The brief facts of the case are as follows: A-1 and A-2 are the agreement holder and developer respectively of the property of A-3. The petitioner herein, while pendency of the litigation between A-1, A-2 and A-3 and the de facto complainant, purchased the property. The allegation in the said charge sheet also runs as follows: “Subsequently the accused A-3 in connivance with A-1 and A-2 got the suit property i.e., flat No.102 alienated to A-4 through a Regd.Sale deed dated 23.08.1999 vide registered document No.3099 dated 23.08.1999 registered at Sub-Registrar Office, Kukatpally and accused A-4 who knows fully well about the litigation over the suit property, purchased the property in connivance with A-1 to A-3 and abetting the accused for registering the suit property on their name.” Learned counsel for the petitioner contends that the purchase of a property when suits are pending between the parties would attract an offence under Sections 420 and 406 IPC. On perusal of the entire record and also the documents filed, this Court is of the view since the only allegation against the petitioner that he purchased the property, which is under litigation, he cannot be prosecuted for the offence under Sections 420 or 406 IPC. Hence, the present complaint in C.C.No.3540 of 2005 on the file of the IX Metropolitan Magistrate, Cyberabad, against the petitioner is liable to be quashed. Accordingly, the Criminal Petition is allowed and the proceedings pending against the petitioner in C.C.No.3540 of 2005 on the file of the IX Metropolitan Magistrate, Cyberabad, are hereby quashed. The miscellaneous petitions, if any, filed along with the criminal petition shall stand closed. ________________ RAJA ELANGO, J. 3rd March 2011, Rns.