HON’BLE SRI JUSTICE P. DURGA PRASAD CRIMINAL PETITION No.6773 of 2008 Date:08.04.2011 Between: Ailuri Pullareddy and 5 others. ….Petitioners. And: The State., rep. by PP and another …..Respondents. HON’BLE SRI JUSTICE P. DURGA PRASAD CRIMINAL PETITION No.6773 of 2008 ORDER: This petition is filed under Section 482 Cr.P.C for quashing the proceedings in C.C.No.242 of 2008 on the file of the Judicial Magistrate of the First Class, Thiruvuru. The 2nd respondent herein has filed the complaint against the present petitioners for the offence under Sections 406 and 420 read with 34 IPC before the Judicial Magistrate of the First Class, Thiruvuru alleging that he is the eldest son of A.1. A.2 and A.3 are daughter and son-in-law of A.1. A.4 and A.5 are also daughter and son-in-law of A.1. A.6 is the younger brother of A.2. All the accused are close relatives. A.1 has performed the marriages to all the sons and daughters. All the joint properties are partitioned between A.1 and his sons i.e., the complainant/2nd respondent herein and A.1’s second son Chinna Venkata Reddy except house in the year 2000. The said house is situated at G. Kotturu and in the said house all the three are residing by occupying two rooms each. Subsequently as part of the complainant employment he is residing at Thiruvuru and A.1 and the complainant’s younger brother are residing in the joint property house. Recently all the accused along with complainant’s mother quarreled with the complainant’s younger brother’s wife and necked her out of the house. In that matter, the complainant told his mother and all the accused that it is not good for them. For the said advise all the accused bore grudge against the complainant and are trying to the 2nd respondent. After the partition of the joint family property, pattadar pass books issued by the Revenue authorities in their respective names. The complainant was allotted a dry land of Ac.0.98 cents in G. Kottur village in S.No.669/3. Basing on the family disputes all the accused are trying to harm the complainant by hook or crook and they are trying to gain some thing from the complainant. With the help of A.2, A.5 and A.6, A.1 prepared false deed in favour of A.3 and A.4 and registered the land which belongs to the petitioner in S.No.669/3 in G. Kotturu village on 18.12.2007 in Thiruvuru Sub- Registrar office. The document is executed falsely on the above said date and all the accused knowingly and willfully registered the land in favour of A.3 and A.4 by concealing the facts that the land belongs to the complainant and they did not state before the Sub Registrar at the time of registration and that the land belongs to the complainant. Therefore, all the accused are liable for punishment for the offences under Sections 406 and 420 IPC. Heard the learned counsel for the petitioners and the learned counsel for the 2nd respondent/complainant. The learned counsel for the petitioner has pleaded that there are no specific allegations against the present petitioners and the petitioner Nos.3 and 4 are residing at Thiruvuru and the petitioners 5 and 6 are residing at Hyderabad and therefore, they are nothing to do with the alleged offences and the 2nd respondent has filed the present complaint only to harass the father, A.1 who has kept the said property for his maintenance after giving the substantial property to his sons by partition of the same. The complaint filed by the 2nd respondent was taken on file by the Judicial Magistrate of the First Class, Thiruvuru by recording the sworn statement of the complainant and his witnesses. In his sworn statement, he has stated that the first accused is his father. They are two brothers. They have four sisters. They all were married and they are living separately. They have joint house at G. Kotturu. In the year 2000, partition was effected. Pass books, and title deeds were obtained separately. His father transferred Ac.0.98 cents belongs to him in favour of his third and fourth sisters without his knowledge. His father necked out his sister-in-law from the house. As he supported his sister-in-law, his father transferred his property in the name of his sisters. The third and fourth brothers-in-law supported his father. He filed a civil suit against his father in respect of their joint family house. So he filed the private complaint. The other witnesses Sk. Karimula, V.R.O has stated that as per No.3 Adangal of 1416 (2007), K. Venkat Reddy is enjoyer of the land Ac.0.98 cents in R.S.669/3 of Ganugapadu village and title deed was also issued in his favour. The other witnesses Jallaiah has stated that Avuluri Venkata Reddy leased out his land to him under share basis and raised groundnut crop. They shared crop 3 days ago. He received the land from his father. Therefore, according to the 2nd respondent, the said property which was registered by A.1 in favour of the petitioners 3 and 4 was fallen to his share in the partition and it was in his possession and enjoyment of the same. He has leased out the said property to Jalaiah. Therefore, as per the above allegations made in the complaint, the A.1 has registered the land in favour of A.3 and A.4 even though the said property belongs to the 2nd respondent herein. No specific allegations are made against the petitioners 2 to 6. It is not the case of 2nd respondent that the petitioners 2 to 6 have influenced the A.1 and obtained the registered sale deed in favour of the petitioners 3 and 4. Therefore, the allegations made in the complaint does not constitute an offence against the petitioners 2 to 6. Hence, the proceedings in C.C.No.242 of 2008 on the file of the Judicial Magistrate of the First Class, Thiruvuru in respect of the petitioners 2 to 6 are liable to be quashed. In the result, the criminal petition is partly allowed and the proceedings in C.C.No.242 of 2008 on the file of the Judicial Magistrate of the First Class, Thiruvuru in respect of the petitioners 2 to 6/A.2 to A.6 are hereby quashed and the proceedings in the above said C.C in 7yiorespect of the petitioner No.1/A.1 shall go on. _____________________ P.DURGA PRASADJ. Date:08.04.2011. Gk. HON’BLE SRI JUSTICE P. DURGA PRASAD CRIMINAL PETITION No.6773 of 2008 Date:08.04.2011 Gk.