THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.6104 of 2009 ORDER: This Criminal Petition is filed under Section 482 Cr.P.C., seeking to quash the proceedings in C.C.No.277 of 2006 on the file of III Additional Chief Metropolitan Magistrate, Cyberabad, registered for the offence punishable under Section 420 IPC. 2. Heard. 3. Learned counsel for the petitioners submits that the entire transaction arise out of a land which was allotted in the name of the 2nd petitioner-A2 and the allegation against the petitioners is that the de facto complainant parted with some amount on the basis of the promise made by the 1st petitioner-A1 to execute the sale deed in his favour regarding the property which was allotted to the 2nd petitioner- A2 by the housing board. He further submits that assuming for a moment that there was an agreement for sale between the parties, the remedy of the complainant is to approach the civil court, but he cannot invoke the provisions of Section 482 Cr.P.C. 4. Per contra, learned counsel for the 1st respondent submits that only on the inducement of the 1st petitioner-A1, he parted the amount in favour of housing board, which enabled the 2nd petitioner- A2 to get allotment in the housing board. Further, it is submitted that A1, not being the owner of the property, promised to sell the property, which is allotted in favour of A2. 5. Considering the rival submissions made by the petitioners and the 1st respondent, this court is of the view that as far as petitioner Nos.2 and 3 are concerned, there is no inducement on their part to part with the money. Even though the dispute seems to be civil in nature, as submitted by the learned counsel for the 1st respondent, A1 not being the owner of the property, induced the de facto complainant to part with some amount to enable the other persons to purchase the land. 6. Hence, the proceedings in C.C.No.277 of 2006 against petitioner No.2 and 3 are hereby quashed. As far as petitioner No.1 is concerned, he is at liberty to raise all his defence before the trial court. The petition is dismissed as against petitioner No.1. However, the presence of petitioner No.1-A1 before the trial court is dispensed with. 7. The Criminal Petition is, accordingly, partly allowed. ______________ RAJA ELANGO, J December 8, 2011. LMV THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.6104 of 2009 December 8, 2011 lmv