THE HONOURABLE SMT JUSTICE P.SREE SUDHA
CRLM.P.No.7014 OF 2013
IN/AND
CRIMINAL PETITION No.4271 OF 2013
COMMON ORDER:
This Criminal Petition is filed under Section 482 of
Cr.P.C., seeking to quash the proceedings in C.C.No.402 of
2012 pending on the file of the learned Judicial Magistrate of
First Class, Jangaon (for short, trial Court).
The brief facts of the case are as follows:
The de facto complainant-second respondent herein
filed a private complaint dated 18.08.2011 before the trial Court, which was subsequently referred to the Police Station, Jangaon, for investigation. Thereupon, the Police registered a case in Crime No.294 of 2011 against the petitioners-accused under Sections 419 and 420 of IPC. The second respondent herein is the daughter of one Mr.Macharloju Brahma Chary. She was acquainted with the second petitioner. Both of them intended to perform marriage and the same was conveyed to their parents. The father of the second respondent executed a registered sale deed vide document No.375 of 2004 dated 26.02.2004 in favour of the second petitioner herein and delivered possession of the house in the year 2005. Later, the second respondent came to know that the first petitioner herein is trying to perform the marriage of the second petitioner with another girl on 28.05.2011. The petitioners state that the complaint lodged by the second respondent is 2 false and only to coerce them to yield to their illegal demands. The father of the second respondent was severely indebted and to clear of the dues, he sold the property which was registered in favour of the second petitioner for a valid consideration. It is further alleged that after conducting due investigation, the Police filed a final report on 19.11.2011 stating that it is a false case. Subsequently, the father of the second respondent also filed a case before the same Police almost with the same allegations, which was registered as Crime No.1682 of 2011 and the same was taken on file as C.C.No.184 of 2012 on the file of the learned II Metropolitan Magistrate, Cyberabad, for the offences punishable under Sections 420, 509 and 506 of IPC and that the trial in the above case had already begun.
The petitioners further allege that during the pendency of the above C.C., the father of the second respondent had filed an application under Section 202 Cr.P.C. before the learned Principal Junior Civil Judge, Jangaon, in Crime No.294 of 2012 by suppressing the pendency of C.C.No.184 of 2012. They state that the allegations in C.C.No.184 of 2012 and C.C.No.402 of 2012 are literally one and the same and the trial in C.C.No.184 of 2012 is already commenced. Therefore, the petitioners requested the Court to grant interim stay of all proceedings in C.C.No.402 of 2012 and also to quash the same.
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Heard the learned counsel for the petitioners and the learned Public Prosecutor.
Perused the record.
This Court by its order dated 29.04.2013 granted interim stay.
Crl.M.P.No.7014 of 2013 was filed to vacate the order dated 29.04.2013 granted in Crl.P.No.4271 of 2013. In the counter- affidavit filed by the second respondent, it is contended that Crime No.1682 of 2011 is nothing to do with C.C.No.402 of 2012. In fact, it was filed when the petitioners threatened her and her family members and also disturbed the marriage alliances. It was also represented that the petitioners herein have approached this Court without any valid grounds and to avoid process of law. It is also alleged that all the facts mentioned in her complaint would disclose the commission of the offence by the petitioners, and therefore requested to vacate the stay granted by this Court.
Learned counsel for the petitioners filed a copy of the judgment dated 27.11.2015 rendered in C.C.No.184 of 2012 in which A.1 and A.2, the petitioners herein, are found not guilty for the offences punishable under Sections 420, 509 and 506 of IPC and accordingly they were acquired. He also relied upon the judgment dated 24.03.2014 rendered by this Court in Crl.P.No.8824 of 2013 in which it was held that letdown from a promise to marry does not in any way attract the offence under Section 420 of IPC. Learned counsel also relied upon the judgment dated 21.06.2018 in Crl.P.No.11316 of 2017 for the same proposition. Therefore, learned counsel would submit that the second respondent developed love and affection towards the 4 second petitioner herein and both of them were intending to marry each other and as such her father also executed a registered sale deed in his favour and handed over possession of the property.
Per contra, the second respondent would submit that the property was sold by her father for valid consideration as he was indebted and to clear the dues.
From the above facts, it can be culled out that the age of the second respondent was 21 years as on the date of filing of the complaint and that she was major and this Court held that letdown from a promise to marry does not in any way attract the offence under Section 420 IPC. The petitioners are well aware of the consequences of the acts done by the second respondent herein. The second respondent also filed another complaint against the petitioners herein stating that the second petitioner is trying to disturb the alliances came to her and that the allegations in C.C.No.184 of 2012 and C.C.No.402 of 2012 are almost similar except the vague allegation of making phone calls and causing prejudice to the marriage prospects of the second respondent herein. Since the proceedings in C.C.No.184 of 2012 were already ended in acquittal, this Court finds that there is no point in proceeding with C.C.No.402 of 2012 and is liable to be quashed. Further more, prima facie, it appears that there is a case and counter-case, and therefore, the complaint lacks merits and is not sustainable in the eye of law. Therefore, continuing the proceedings in C.C.No.402 of 2012 against the petitioners would amount to abuse of process of law.
For the reasons stated above, the Criminal Petition is allowed and the proceedings in C.C.No.402 of 2012 pending on the 5 file of the learned Judicial Magistrate of First Class, Jangaon, are hereby quashed. Interim orders dated 29.04.2013 in Crl.P.No.4271 of 2013 shall stand vacated.
Pending miscellaneous petitions, if any, shall also stand closed in the light of this final order.
___________________ P.SREE SUDHA, J 29th OCTOBER, 2021.
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