THE HON’BLE SRI JUSTICE A. GOPAL REDDY CRIMINAL PETITION No. 2679 OF 2006 Date: 05-08-2010 Between Paladi Yadagiri and four others …..Petitioners And The State of A.P., rep., by its Pubic Prosecutor, High Court of Andhra Pradesh, Hyderabad and another …..Respondents THE HON’BLE SRI JUSTICE A. GOPAL REDDY CRIMINAL PETITION No. 2679 OF 2006 ORDER: This petition under Section 482 Cr.P.C by the petitioners is to quash the proceedings in C.C No. 158 of 2006 on the file of the learned II Metropolitan Magistrate, Cyberabad, L.B Nagar for the offence under Sections 406 and 420 IPC. The 2nd respondent – complainant filed a complaint before the police stating that the accused agreed to sell land admeasuring Acs.28.00 situated in Survey Nos.145 and 153 of Peddapur Village, Veldanda Mandal at the rate of Rs.1,50,000/- per acre and received an amount of Rs.10,00,000/- towards advance. When the complainant demanded for registration of the land, the accused refused for the same and assaulted him and stated that they will not register the land. After the investigation, the police filed the charge sheet stating that the petitioners who received the sum of Rs.10,00,000/- from the complainant towards sale consideration have deceitfully and with a malafide intention neither registered the land in favour of the complainant nor returned the amount, hence, committed offence under Sections 406 and 420 IPC. Now, it is represented by the learned counsel for the petitioners that subsequent to the filing of the complaint, the respondent – complainant after issuing notice on 30-11-2005 calling upon the petitioners to execute sale deed, filed O.S No. 30 of 2005 seeking specific performance of the agreement of sale and during the pendency of the suit, they have amicably settled the matter with the intervention of the elders wherein the petitioners – accused agreed to return the amount of sale consideration and the respondent – complainant agreed to withdraw the said suit and the same has been dismissed as not pressed. The learned counsel for the respondent – complainant has not disputed the factum of settlement arrived at between the parties and withdrawal of the suit by the respondent – complainant after receiving the amount from the petitioners. In view of the same, continuation of the proceedings against the petitioners is nothing but an abuse of process of law. Accordingly, the proceedings against the petitioners in C.C No. 158 of 2006 on the file of the learned II Metropolitan Magistrate, Cyberabad, LB Nagar are quashed. The criminal petition is accordingly allowed. A. GOPAL REDDY, J 05-08-2010 ks