CIVIL APPEAL None on 6 November 1996

ORDER:

1. This C iminal [Petition, ][under ][Section ][482 ][Cr'P'C ]' [is ][filed]to [qui sh Crime ][No.454 ][of ][2019 ][on the ][file of ][Karimnagar-I]seeking Town Police [;tation, ][Karimnagar ][District, ][registered ][against ][the]petitioner and accused [No.2 ][for ][the ][offences ][under ][Sections 463']467,474 and [415 ][read ][with ][Section ][34 ][IPC ][and ][Section ][156(3)]Cr.P.C.

2. Heard k arned [counsel ][for ][the ][petitioner, ][learned ][Additional]Public Prosecu [or ][appearing ][for ][respondent ][No'l-State ][and ][perused]the record.

3. The brie' facts [of the ][case ][as per ][the ][complaint are ][that ][the]de facto [coml ][lainant ][is the ][daughter ][of ][the ][second ][wife ][of ][one]N.Rajeshwar [Fao; ][that the ][said ][Rajeshwar Rao used ][to ][look ][after]the businesst s [of ][the ][de ][facto ][complainant's ][grandfather-]N.Narayana [d ][rring ][his life ][time ][and ][out ][of ][the ][profits ][in ][the]businesses, [tl ][e ][de ][facto ][complainant's ][grandfather ][purchased]couple of [prot ][erties; ][that ][the ][de ][facto ][complainant along ][with ][her]mother were [r ][rndering ][their ][services ][to their ][grandfather and he ][in]turn had orall) [promised ][to ][gift ][the ][property bearing No'4-2-7 (old)]and 4-2-8 [(ner ][r) ][to the ][de ][facto complainant ][as ][she ][is also ][the ][legal]heir of [Rajesh ][var ][Rao; ][that ][unable ][to ][digest ][the ][factum ][of ][gifting]the [property, ][he said ][N.Rajeshwar Rao ][and ][his ][first ][wife-accused]

No.2 conspired together by hatching [a plan ]to [grab ][the ][property ][and]that [yvithout ]his [knowledge ]and [consent. ]they fabricated [and forged]the signature of the de facto complainant's [grandfather ]in the [Will]deed dated 06.11.1996 and [got ]it registered before the [Registrar's]Office, Karimnagar; that the [petitioner ][herein ]and accused [No.2 ][had]impersonated and cheated her by forging the signature of the defacto complainant's grandfather; and that the accused have no rightor concern over the said property since the same was acquired byway of cheating, impersonation and forgery.

4. Learned counsel for the [petitioner ]submitted that thepetitioner and his mother have not committed any offence asalleged by the de facto complainant; that the de facto [complainant]suppressed several material facts with some mala fide intention;that even as per the contents of the complaint filed by [respondent]No.2, it is clear that the Will deed executed by the [grand ]father ofthe petitioner was registered on 06.11.1996 in the offlce of the Sub-Registrar at Karimnagar; that respondent No.2 flled a suit before theCourt concerned seeking [partition ]and separate [possession ]of thepropefties and the said suit is pending; and that the subjectproperty in the present complaint is included in the suit scheduleproperties and hence, the matter is seized by the civil Court; andthat it is well settled [principle ]of law that criminal [proceedings]cannot be initiated for settling civil disputes; and accordingly, [the]learned counsel [prayed ]to [quash ]the aforesaid complaint against thepetitioner/accused No. 1.

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5. Le rrned Additional Public Prosecutor opposed for quashingthe afore, aid F,l.R. and submitted that the contents of the F.l,R.clearly dis lose cognizable offences against the petitioner.

6. As s:en from the contents of the complaint, it is clear that thedispute is mainly with regard to the Wilt deed dated 06.11.1996,said to h; ve been executed by the grandfather of the de factocomplainar t, which is alleged by the de facto complainant to havebeen forge I by the accused. It is brought to the notice of this Courtthat a civ I suit filed by respondent No.2 with regard to theproperties :overed by the said Will is pending before the Courtconcerned. Thus, the dispute prina facie appears to be civil innature. Hen:e, this Court is inclined to quash the aforesaid F.l.R.

7. In th ) result, the Criminal [petition ]is allowed and CrimeNo.454 of I019 on the file of Karimnagar-l Town police Station,Karimnagar )istrict, registered against the petitioner herein for theoffences und :r Sections 463, 467 , 474 and 415 read with Section 34IPC and Sect cn 156(3) Cr.P.C is hereby quashed

8. As a s, :quel thereto, miscellaneous petitions , if any, pendingshall also star d dismissed.

Sd/-I,NAGA LAKSHMIASSISTANT REGISTRAR[[of ][2022 ][in]][[2022 ][in]][[in]][[the ][word]][[word]][[This ]][[order]][[on]]Sd/.M.MANJULAASSISTANT REGISTRARSECTIC,hI h _OFFICER

Note: Amended as [p ]r Order [dated ][0210212022 ][in IA ][No.1 ][[of ][2022 ][in]][[2022 ][in]][[in]]Cr.P.No.7156/2019 by eleting the ["and ][Accused ][No.2" and ][keeping ][[the ][word]][[word]]"oetitioner herein in ara [No.7 ]of [order dated ][0210312020. ][[This ]][[order]]slbstitutes the order [( ]lted O2lO3l2O?0 [and ][the ][earlier order dispatched ][[on]]2U0412020.

//TRUE [CoPY// ]

TO,

1. The II Additional JL licial First Class [lvlagistrate, Karimnagar.]

2. The Station House Jfflcer, Karimnagar-l-Town, [Police ][Station, Karimnagar-I-Town,]Karlmnagar Distric

3. One CC to SRI V R VI KIRAN [RAO ][Advocate ]IOPUC]

4. Two CCs to PUBLIC [PROSECUTOR, ][High Court ][for ][the ][State ][ofTelangala ][at]Hyderabad [(OUT).]

5. One CC to SRI G.vt NU GOPAL, [Advocate ]IOPUC]

6. Two CD Copies

HIGII COURTGSDJDATED:02/03/20 [l0]DATED: O2lO2l2( [22]

IAMENDED ORDERI.A.No.1 0F 2022CRLP.No.7156 of [:019]i 4 },1A[] 2P2I

ALLOWING THE CI IMINAL PETITION

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