HON’’BLE SRI JUSTICE G.V.SEETHAPATHY Crl.P. No.6540 OF 2010 O R D E R : This Criminal Petition is filed under Section 482 Cr.P.C. for quashing the proceedings in Crime No.42 of 2010 of Rajagopalpet Police Station, Medak District. Heard the learned counsel for the petitioners. None appeared for the 2nd respondent, though served with notice. Perused the records. The 2nd respondent herein filed a private complaint against the petitioners before the learned Additional Judicial First Class Magistrate, Siddipet and the same was referred to the police for investigation and report under Section 156(3) Cr.P.C. Thereupon, the police registered Crime No.42 of 2010 against the petitioner for the offences under Sections 420, 504 and 323 IPC. According to the complainant, she is the sister of A-1 and that A- 2 is the husband of A-1 and after the death of their father, Komuraiah, herself and her sister A-1 and another sister Yadavva and her mother became the legal heirs. She further states that A-1 filed a suit for partition and separate possession against her and Yadavva before Junior Civil Judge, Siddipet in O.S.No.227 of 2009 in respect of A and B schedule properties situate in Kondamarajpalli and Nangunoor villages. The complainant has filed written statement in the said suit. The suit is pending. The complainant alleges that recently she came to know that A- 1 claimed that she is the only daughter to her father and that she gifted certain land in favour of her husband by a registered gift deed dated 28..11.2008. She alleged that the said land was purchased by their father Komuraiah under a registered sale deed dated 27.06.2001 and all the legal heirs of Komuraiah are entitled for share therein. But A.1 gifted the same as if she is the exclusive owner. She further alleges that in the suit, A.1 failed to implead their mother as a party. Thus the grievance of the complainant is that while filing the civil suit for partition, A.1 has not impleaded all the legal heirs of her father Komuraiah and has also not disclosed on the properties that constituted the estate of the deceased Komuraiah. The complainant has already filed a written statement in the suit raising the said pleas and she is at liberty to raise additional pleas also in respect of the properties that are left out of the suit. The omission to implead all the legal heirs and the omission to disclose all the properties left behind by the deceased Komuraiah in the partition suit filed by A-1 cannot be construed as an act of cheating within the meaning of Section 415 IPC. From the contents of the complaint itself, it is manifestly clear that the dispute raised by the complainant is purely civil in nature and her remedy in that regard lies elsewhere. The ingredients of the alleged offence under Section 420 IPC are not at all attracted to the facts of the case even by going through the contents of the complaint and assuming them to be true for a moment. It is well settled that when the complaint does not disclose any prima facie offence and the allegations contained in the complaint even if taken as true, does not prima facie constitute the offence alleged, continuance of further proceedings in pursuance of such F.I.R. is only an abuse of process of law and the Court can certainly invoke the inherent powers under Section 482 Cr.P.C. and quash further proceedings and prevent the abuse of process of law. In the facts and circumstances of the present case, it is considered that it is a fit case to invoke the inherent powers of the Court under Section 482 Cr.P.C. as the dispute between the parties is purely civil in nature and the same is already pending before the Civil Court in O.S.No.227 of 2009 and the grievance, if any, entertained by the complainant can be ventilated by her before the Civil Court in the pending suit. In the circumstances, the proceedings in Crime No.42 of 2010 of Rajagopalpet Police Station, Medak District are liable to be quashed and they are accordingly quashed. In the result, the Criminal Petition is allowed. _____________________ G.V.SEETHAPATHY, J 13th December, 2010 PNV