Telangana High Court
Narne Gokul vs The State Of Telangana on 27 January, 2025
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No. 3558 OF 2018
O R D E R:
This Criminal Petition is filed under Section 482 of the Code of Crimlinal Procedure, 1973 (for short 'Cr.P.C.') by the petitioners/A1 to A3 to quash the proceedings in FIR No.124 of 2018, dated 09.02.2018, on the file of Jawaharnagar Police station. The offences alleged against the petitioners are under Sections 447, 427 of Indian Penal Code and Sec.3(1)(f) & 3 (2)(va) of SC/STs (PoA) Act.
2. Heard learned counsel for the petitioners and learned Assistant Public Prosecutor for the 1st respondent - State. Perused the record.
3. Briefly, the case of the complainant is that A1 entered into an agreement with the complainant to purchase the complainant's land for a sale consideration of Rs.4.25 lakhs, but only Rs.2 lakhs was given at the time of registration. The said registration was on 29.09.2007. However, the amount was not given as promised after registration. Though, the complainant was in possession of the land, however, in his absence, the accused trespassed into his premises and removed the fencing pillars. 2
4. Learned Counsel appearing for the appellant would submit that the agreement was initially entered into and payments were made. However, to demand more money, a false complaint was filed after 11 years.
5. Learned Counsel relied on the Judgments of Honourable Supreme Court in State of Haryana and others v. Bhajan Lal and others 1 and also in Ramawatar v. State of Madhya Pradesh 2 wherein it is held that;
"17. On the other hand, where it appears to the Court that the offence in question, although covered under the SC/ST Act, is primarily private or civil in nature, or where the alleged offence has not been committed on account of the caste of the victim, or where the continuation of the legal proceedings would be an abuse of the process of law, the Court can exercise its powers to quash the proceedings."
6. The complainant and others registered the land in favour of the petitioners on 29.09.2007. The complaint was filed on 09.02.2018 i.e., nearly 10 ½ years later. What transpired for 10 ½ years was not stated by the petitioners. No civil suit was filed by the complainant seeking cancellation of sale deed which was registered in favour of the petitioners. 1 1992 Supp (1) Supreme Court Cases 335 2 (2022) 13 Supreme Court Cases 635 3
7. It is evident that complaint was filed after 10 ½ years and if more amount was offered or liable to be paid, the same ought to have been agitated before the Civil Court. None of the ingredients of penal provisions for which the case is registered are made out in the present case. Admittedly, the complainant was not present when the alleged removal of fencing pillars happened. No explanation is given for the delay of 10 ½ years in lodging complaint.
8. Accordingly, Criminal Petition is allowed and the proceedings against the petitioners in FIR No.124 of 2018, dated 09.02.2018, on the file of Jawaharnagar Police station for the offences under Sections 447, 427 of Indian Penal Code and Sec.3(1)(f) & 3 (2)(va) of SC/STs (PoA) Act, are hereby quashed.
Miscellaneous applications pending, if any, shall stand closed.
_________________ K.SURENDER, J Date: 27.01.2025 tk