HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.10484 of 2011 ORDER: The petitioners-Accused approached this Court with a prayer to quash the proceedings initiated against them in C.C. No. 344 of 2008 on the file of III Addl. Munsif Magistrate, Tirupati,. Chittoor District registered for the offences under Sections 418 and 420 IPC. Brief facts of the case are that: The de facto complainant had entered into an agreement with the petitioners on 30.8.2003 for sale of the land. Petitioners agreed to sell the land in favour of the de fato complainant. Pending agreement of sale, the petitioner herein again sold the said land to a third party on 10.9.2003. Aggrieved by the same, the complainant lodged the complaint. The learned counsel for the petitioners submitted that the complainant has invoked the civil jurisdiction and filed a suit O.S.No. 356 of 2006 for specific performance; even though agreement was entered in the year 2003. The present complaint is filed in the year 2006. Heard the arguments and perused the records. Considering the fact that during the pendency of suit regarding an earlier agreement of sale again the petitioners herein have sold the property which is the subject matter herein, thus the respondent was induced by the petitioners to part with an amount of Rs. 50,000/-. Since the remedy sought in the civil suit as well as the criminal case are different in nature, this Court is not inclined to interfere with the trial at this stage. In any event, taking into consideration the case arising out of civil dispute between the parties, the question of identity of the petitioners does not arise before the trial Court. Considering the submission of the learned counsel for the petitioners and also the facts and circumstances of the case, the presence of the petitioners is dispensed with before the trial Court, except on the dates on which the learned Magistrate insists for their presence. With the above observation, the Criminal Petition is dismissed. Miscellaneous petitions filed in this criminal petition, if any, shall stand closed. ________________ RAJA ELANGO, J 1.11.2011 CHV