THE HON’BLE SRI JUSTICE K.G. SHANKAR Crl. Petition No.7404 of 2009 Date: 07.12.2011 Between: Sala Surya Rao and 4 others … Petitioner/ accused AND State of A.P., rep.by Public Prosecutor, High Court, Hyderabad., and another … Respondents THE HON’BLE SRI JUSTICE K.G. SHANKAR Crl. Petition No.7404 of 2009 ORDER: The petitioners are the accused in C.C.No.176 of 2008 on the file of the Additional Judicial Magistrate of First Class, Bobbili. They allegedly committed the offence under Section 420 of the Indian Penal Code (IPC, for short). The petitioners seek for the quashment of the compliant. The second respondent is the de facto complainant. Notice was served upon her. She, however, did not respond to the notice. This petition is, therefore, disposed of without hearing the second respondent. 2. The first petitioner is 66 years old. The petitioners 2 to 4 are his sons and fifth petitioner is his daughter. The first petitioner is the father-in-law of the second respondent. It is the case of the second respondent that the petitioners were liable to hand over the land and cash to the second respondent and that while they handed over the land, they deliberately withhold the cash with an intention to cheat the second respondent. 3. I am afraid that the case arises out of a family dispute between the second respondent on the one side and the petitioners on the other side. The averments of the complaint and the averments of the First Information Report do not prima facie establish the ingredients of Section 420 IPC. There was no element of cheating on the part of the petitioners. I, therefore, consider that the very complaint against the petitioners for the only offence u/s.420 IPC is not maintainable. 4. Accordingly, the Criminal Petition is allowed. C.C.No.176 of 2008 on the file of the Additional Judicial Magistrate of First Class, Bobbili is hereby quashed. _________________ K.G. SHANKAR, J Date: 07.12.2011 Isn