HONOURABLE SRI JUSTICE P. DURGA PRASAD CRIMINAL PETITION No.6726 OF 2008 Dated 25-03-2011 Between: S. Siva Rama Krishna Reddy ……..Petitioner And: The State, rep. by its PP., High Court of A.P., Hyderabad and 2 others ………Respondents HONOURABLE SRI JUSTICE P. DURGA PRASAD CRIMINAL PETITION No.6726 OF 2008 ORDER: This petition is filed under Section 482 Cr.P.C for quashing the proceedings in Crime No.340 of 2007 of Miyapur Police Station. The said crime was registered on the complaint given by the respondents 2 and 3 herein against the petitioner and 2 others. Heard the learned counsel for the petitioners and none appeared on behalf of the respondents 2 and 3 in spite of service of notices on them. The learned counsel for the petitioners has pleaded that the averments made in the complaint does not disclose any offence and it is only violation of the terms of development agreement and hence it is purely civil in nature. As such the said crime registered against the petitioners has to be quashed. The respondents 2 and 3 herein originally filed the complaint before the IX Metropolitan Magistrate, Cyberabad at Kukatpally, R.R. District and the same was referred to the Station House Officer, Miyapur Police Station under Section 156(3) Cr.P.C. Basing on the said complaint, the Crime No.340 of 2007 was registered under Sections 420 and 506 IPC by showing the petitioner herein as A.2. The averments made in the said complaint are that the complainant Nos.1 and 2 who are the respondents 2 and 3 herein are the absolute owners of the plot Nos.59 and 60 admeasuring 535 sq. yards situated at Madinaguda of R.R. District having purchased the same under a registered development agreement-cum-GPA dated 9.1.2006. As per the terms, the complainants were allotted 40% in all floors and the A.1 was allotted 60% in all floors. As per the terms, complainant got 5 flats and A.1 got 7 flats. A.1 sold away flat No.103, to A.2 and flat No.203 to A.3. These flats came to the share of the complainants. The complainant cancelled the development agreement-cum-GPA on 14.7.2006. A.1 sold the flats to A.2 and A.3 after the cancellation. A.2 and A.3 colluded with A.1 and caused loss of Rs.30.00 lakhs. The A.1 known as that he has no power to sell the flats allotted to the complainants, the flats allotted to the complainants are the Flat Nos.103, 203 and 204 and the flats allotted to the A.1 are 101, 102, 201 and 202 and the A.1 cheated the complainants by selling flats allotted to the complainants. Instead of 7 flats, the A.1 had sold 9 flats and have taken the entire money without knowledge of the complainants and thereby committed breach of trust on him through GPA and Development agreement and thereby cheated the complainants and caused monetary loss for Rs.30.00 lakhs. Hence, they are liable for punishment for the offences under Sections 420, 425 and 506 IPC. From the above, said averments in the said complaint, it is observed that the present petitioner who is A.2 is only purchaser of one of the flats from A.1 and according to the complainant, the said flat was allotted to him as per the development agreement. As per the complaint, the dispute is with regard to the implementation of the development agreement between the complainant and A.1 and for violation of the terms and conditions of the development agreement, it is for the complainant to take necessary action under civil law and the violation of the terms and conditions of the development agreement by A.1 cannot constitute the offences under Sections 420 or 425 IPC. More over the present petitioner is only purchaser of one of the flats from the A.1. Further, there is no collusion between A.1 and A.2 as alleged in the said complaint. Therefore, the remedy available to the complainant is to go to a civil court for recovery of such flats and not by way of filing a complaint for the offence under Section 420 or 425 IPC. Therefore, the averments made in the complaint do not constitute the offences under Sections 420, 425 or 506 IPC. Hence, the petitioners are entitled for quashing of the proceedings against them. In the result, the criminal petition is allowed and the proceedings in Crime No.340 of 2007 of Miyapur Police Station are hereby quashed. ______________________ P.DURGA PRASAD,J. Date:25.03.2011. Gk. HONOURABLE SRI JUSTICE P. DURGA PRASAD CRIMINAL PETITION No.6726 OF 2008 Dated 25-03-2011 Gk.