IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD FRIDAY, THE FIFTH DAY OF MARCH TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE P.S.NARAYANA CRIMINAL PETITION No.5732 of 2007 Between: Levaku Chandra Sekhar Reddy …Petitioner AND State of A.P. rep by P.P. And another …Respondents The Court made the following: THE HON'BLE SRI JUSTICE P.S.NARAYANA CRIMINAL PETITION No.5732 of 2007 ORDER: Heard Sri P.Veera Reddy, learned counsel representing the petitioner, learned Additional Public Prosecutor representing the ﬁrst respondent and Sri Sudershan, learned counsel representing the second respondent. Learned counsel representing the petitioner would maintain that as per the averments made in the charge sheet, it is clear that the dispute is purely civil in nature and, infact, on the strength of the agreement of sale, already a civil suit has been ﬁled in O.S.No.56 of 2007 on the ﬁle of the Senior Civil Judge, Kadapa, and the same is pending disposal and in the light of the same, the proceedings under challenge are liable to be quashed. Learned Additional Public Prosecutor would submit that in the light of the speciﬁc allegations made in the charge sheet, it is not a ﬁt matter to be interfered with by this Court under Section 482 Cr.P.C. Learned counsel for the second respondent – de- facto complainant would maintain that it is true that already a civil suit in O.S.No.56 of 2007 on the ﬁle of the Senior Civil Judge, Kadapa, is ﬁled, but however, in the light of the evidence of L.Ws.2 to 5, it is not a ﬁt matter to be interfered with by this Court under Section 482 Cr.P.C. Heard the counsel on record, perused the material placed before this Court and the allegations made in the charge sheet. The Criminal Petition is ﬁled praying this Court to quash proceedings in C.C.No.103 of 2007 on the ﬁle of the II Additional Judicial First Class Magistrate, Kadapa. The case of the prosecution is that the second respondent / defacto complainant gave a complaint on 14.02.2007 against the petitioner. The charge sheet states that the petitioner is the owner of an extent of 66 cents of land in S.No.38/1 and 62 cents of land in S.No.125/1 of Chemmumiapet Village, Kadapa District, which has now formed part of the Kadapa city. The complainant and L.W.2 purchased the above said lands from the petitioner under an agreement of sale dated 28.06.2006 at the rate of Rs.5,900/- per cent and paid an advance amount of Rs.1,88,800/-. But however, the petitioner had not registered the said lands till 27.02.2007 in favour of the respondents and as such, the petitioner is liable to pay back double the amount received as advance to the purchasers. Even though the purchasers were prepared to pay the balance amount in January 2007, the petitioner evaded the registration of said land. Therefore, the said complaint was given on 14.02.2007. Police, after investigation, ﬁled charge sheet on 12.04.2007 and the case was registered as C.C.No.103 of 2007 which is now pending before the II Additional Judicial First Class Magistrate, Kadapa. It is stated in the petition that the dispute is purely civil in nature; even taking into account the allegations made against the petitioner are prima facie correct, it does not constitute an oﬀence punishable under Section 420 I.P.C.; the non-performance of the terms and conditions of the agreement of sale does not amount to commission of oﬀence as deﬁned under Section 415 and 420 I.P.C.; the breach of terms and conditions of an agreement of sale may result in a civil cause of action for claiming damages and failure to perform the part of the contract and promise will give rise to a right to the opposite party to seek speciﬁc performance of the agreement of sale. Further speciﬁc stand has been taken that the agreement holders have already ﬁled a suit in O.S.No.56 of 2007 on the ﬁle of the Senior Civil Judge, Kadapa, for speciﬁc performance of the agreement of sale and it appears that an application for temporary injunction restraining alienation also has been filed. It is stated by the learned counsel that a civil suit in O.S.No.56 of 2007 on the ﬁle of Senior Civil Judge, Kadapa, is pending disposal. In the light of the allegations made in the charge sheet, this Court is thoroughly satisﬁed that the dispute is purely civil in nature and also in the light of the fact that already a civil suit had been instituted which is pending disposal, further proceedings in C.C.No.103 of 2007 on the ﬁle of the Court of II Additional Judicial First Class Magistrate, Kadapa need not be proceeded with. Accordingly, the Criminal Petition is allowed quashing proceedings C.C.No.103 of 2007 on the ﬁle of the Court of II Additional Judicial First Class Magistrate, Kadapa. ____________________ P.S.NARAYANA, J March 05, 2010 Bvv