HONOURABLE SRI JUSTICE R.KANTHA RAO CRIMINAL PETITION No.1227 OF 2009 Dated 20-1-2011 Between: M.Radhakrishna. …Petitioner. And: The State of Andhra Pradesh, represented by its Public Prosecutor, High Court of A.P., Hyderabad and another. …Respondents. HONOURABLE SRI JUSTICE R.KANTHA RAO CRIMINAL PETITION No.1227 OF 2009 ORDER: Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor representing the 1st respondent and Sri T.S.Praveen Kumar, learned counsel for the 2nd respondent. This Criminal Petition is filed under Section 482 Cr.P.C. seeking to quash the proceedings in C.C.No.2693 of 2005 on the file of the IX Metropolitan Magistrate, Cyberabad, Kukatpally, Ranga Reddy District. The brief facts necessary for considering the present petition are that: The petitioner who is accused No.2 in C.C.No.2693 of 2005 entered into a development agreement with the defacto complainant (2nd respondent) to develop the land admeasuring Ac.2.23 Guntas situated at Ramannaguda village, Miyapur, Seri Lingampalli, Ranga Reddy District. The 2nd respondent took up the construction work as per the terms of the agreement and invested an amount of Rs.62,00,000/-. The petitioner who is the G.P.A. Holder of the original owner executed a sale deed in favour of one Miss. M.Sundeepa on 9-6-1999 and thus, the petitioner and another accused caused wrongful gain to the complainant. However, subsequently, the petitioner and another accused entered into a Memo of Understanding and cancelled the Development Agreement on 11-1-2001. It is submitted by the learned counsel appearing for the petitioner that subsequently, the 2nd respondent also filed a civil suit for recovery of the amount due under the agreement and the said suit was decreed and an appeal has been preferred by the defendant and the said appeal is now pending as A.S.No.154 of 2008 on the file of this Court. It is further submitted that pursuant to the direction of this Court, while granting stay in A.S.No.154 of 2008, the petitioner and other defendants deposited an amount of Rs.50,00,000/-. I have no doubt whatsoever that it is purely a civil dispute and resorting to file a criminal case is nothing but abuse of process of law. If the proceedings in C.C.No.2693 of 2005 are allowed to continue any longer, much hardship and inconvenience will be caused to the petitioner. For the foregoing reasons, the proceedings in C.C.No.2693 of 2005 are liable to be quashed. Accordingly, this Criminal Petition is allowed and the proceedings in C.C.No.2693 of 2005 on the file of the IX Metropolitan Magistrate, Cyberabad, Kukatpally, Ranga Reddy District are quashed. ________________________ Justice R.KANTHA RAO Dated 20-1-2011. Dvs HONOURABLE SRI JUSTICE R.KANTHA RAO CRIMINAL PETITION No.1227 OF 2009 Dated 20-1-2011