HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.1148 OF 2009 Dated : 19.08.2010 Between : Ch.Gopala Rao & another … Petitioners-Accused A n d 1) I.Linga Rao 2) The State of A.P. … Respondents HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.1148 OF 2009 ORDER: This Criminal Petition under Section 482 of the Code of Criminal Procedure is filed by the petitioners-accused seeking to quash the proceedings in crime No.40 of 2009 of Sircilla Police Station, Karimnagar District, registered for the offence punishable under Sections 420, 504 and 506 of Indian Penal Code. Brief facts of the complainant case are that the complainant purchased the subject land from one Kola Lingam. Later, A.1 agreed to purchase the said land from the complainant herein for a sale consideration of Rs.3,50,000/-. The land was also registered in the name of A.2, wife of A.1. Subsequently, on coming to know that the said land was not in existence as per plan, A.1 demanded the complainant to return the amount. Accordingly, complainant repaid the amount to A.1. But A.1 and A.2 postponed registration of land in the name of the complainant on one pretext or the other. At last, on 16.10.2008 at 10.00 a.m. when the complainant demanded A.1 and A.2 either to repay amount or to register the land, A.1 and A.2 abused him in filthy language and also threatened him with dire consequences and thereby cheated the complainant. It is also alleged that A.1 and A.2 entered into an agreement for sale of the above said land to some third party. Heard. Initially, the complainant lodged a private complaint before the Judicial Magistrate of First Class, Siricilla, which was referred to the Station House Officer, Siricilla Police Station, under Section 156 (3) Cr.P.C. for investigation and report. Basing on the same, the present crime is registered by the respondent-Police. Learned counsel for the petitioners submitted that the disputes are purely civil in nature. Hence, the criminal proceedings against the petitioners are liable to be quashed. This Court perused the entire material on record and heard the arguments. For attributing cheating on the part of the petitioners, the element of deception at inception should be proved, which is absent in the present case. From a reading of the entire complaint, it can be seen that no offence is made out against the petitioners for the offence alleged against them. Therefore, this Court is of the view that the further proceedings against the petitioners are liable to be quashed. Accordingly, the Criminal Petition is allowed and the further proceedings against the petitioners in crime No.40 of 2009 of Siricilla Police Station are hereby quashed. Miscellaneous petitions filed in this Criminal Petition, if any, shall stand closed. ________________________ JUSTICE RAJA ELANGO Dated : 19.08.2010 sur