THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.5777 of 2006 Dated: 20th January, 2010 Between: Patchipalla Yesubabu And others …Petitioners AND The State of A.P., rep by Its Public Prosecutor, High Court of A.P. And another. …Respondents THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.5777 of 2006 ORDER: This petition is filed by the accused Nos. 1 to 13 under Section 482 of the Code of Criminal Procedure, 1973, for quashing proceedings in C.C.No.126 of 2004 on the file of Additional Judicial Magistrate of the First Class, Peddapuram, relating to offence punishable under Section 348 I.P.C. against A-1 and A-2 and offences punishable under Sections 448, 323/34 I.P.C. against A-1 to A-13. A-1 and A-2 are parents of the de-facto complainant/second respondent. It is alleged that the second respondent fell in love with and married her husband without consent of A-1 and A-2 in a temple at Pithapuram and that subsequently elders intervened and consoled both the parties and patched up the differences and that A-2 gifted one acre of land in Gorinta village to the second respondent by executing registered gift deed dated 07.10.2002. After leading family life, the second respondent became pregnant and went to house of A-1 and A- 2 for delivery. It is alleged that due to further differences between the parties, A-1 and A-2 were forcing the second respondent to re-convey gifted land of one acre to them and that A-1 and A-2 did not allow the second respondent to leave their house after delivery and did not allow husband of the second respondent to meet the second respondent in their house even after birth of child to the second respondent and that on coercion of A-1 and A-2, the second respondent was made to execute and register gift deed for the above land of one acre in favour of A-1 on 01.09.2003 and that thereafter, A-1 and A-2 allowed the second respondent to join her husband along with child. It is further alleged that on 18.12.2003 at about 09-00 A.M., A-1 and A-2 accompanied by A-3 to A-13 forcibly trespassed into house portion of the second respondent and abused the second respondent and her husband in filthy language, and beat them with hands indiscriminately. On those allegations, the police filed charge-sheet against A-1 to A-13. Insofar as offence punishable under Section 348 I.P.C. is concerned, it is evident from narration of facts that the second respondent herself willingly went to her parents house for purpose of delivery after she became pregnant. She delivered child in her parents’ house in June 2003. Subsequently, she is stated to have been detained by A-1 and A-2 to coerce her to execute and to register gift deed in respect of Ac.1.00 of land. The second respondent did not take any steps in Civil Court questioning obtaining of registered gift deed dated 01.09.2003 from her by A-1. She did not file any suit for declaration of her title or for cancellation of the said gift deed. On the other hand, A-1 filed O.S.No.409 of 2005 in Principal Junior Civil Judge’s Court, Peddapuram, against the second respondent and others for permanent injunction in respect of one acre of land and also filed I.A.No.899 of 2005 in O.S.No.409 of 2005 for temporary injunction. The Principal Junior Civil Judge, Peddapuram, by order dated 03.07.2006, allowed the petition granting interim injunction in favour of A-1 against the second respondent and others in respect of the land, having regard to the fact that title deed for the land prima facie stands in A-1’s name. Insofar as offence punishable under Section 448 I.P.C. is concerned, the second respondent did not allege the same in respect of land of one acre. It was alleged in respect of her living house portion. It is a matter to be decided after trial in which evidence has to be let in by the prosecution. In that view of the matter, this case has to be decided after full trial for offences punishable under Sections 348, 448 and 323 I.P.C. I do not find any valid and legal reason to quash proceedings at this stage. In the result, the criminal petition is dismissed. ___________________________________ SAMUDRALA GOVINDARAJULU, J January 20, 2010 Bvv