HON’BLE SRI JUSTICE A.GOPAL REDDY CRIMINAL PETITION No.5422 of 2005 DT.19.07.2010 Paramjit Singh and another …Petitioner V. B.Sujatha and another … Respondents The Court made the following: HON’BLE SRI JUSTICE A.GOPAL REDDY CRIMINAL PETITION No.5422 of 2005 ORDER:- This petition under Section 482 of the Code of Criminal Procedure, 1973 (for brevity, “Cr.P.C.”) is filed by the petitioners to quash the proceedings in C.C.No.783 of 2005 on the file of VII Metropolitan Magistrate, Cyberabad, Rangareddy District, which was taken cognizance for the offences punishable under Sections 420, 423 and 506 of the Indian Penal Code, 1860 against A1 to A3, after recording the sworn statements of the complainant and another witness. This Court initially has not stayed the proceedings in the said C.C., but on 13.02.2006 granted stay for a period of two weeks and thereafter it was extended from time to time till 05.06.2006 and thereafter, the stay has not been extended so far. In fact, since the last four years there is no stay in the proceedings. The petitioners seeks to quash the proceedings on the ground that not even a single purchaser of plot is either examined or cited as witness and neither any owner is examined nor cited as witness and that the complainant entered into a memorandum of understanding, dated 22.10.2005, accepting that there was no investment from her side but the entire amount was paid by one Manda Ramakrishna Murthy and as such, the allegations made by the complainant in the complaint are false and frivolous. Admittedly, the memorandum of understanding was entered on 20.10.2005 i.e., after the complaint is filed, which is a matter of evidence for closing the proceedings and the same is a defence available to the petitioners/accused, which has to be necessarily considered by the trial Court to issue the process. In view of the same, it is not desirable to quash the proceedings on the subsequent memorandum of understanding entered by the de facto complainant as stated above. The Criminal Petition is accordingly dismissed. _______________ A. GOPAL REDDY, J 9th July 2010 lmv