Smt.Rasheeda Humrath v. The State Of Telangana,

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.4730 OF 2016 ORDER:

This petition is filed by the petitioner-accused No.1 under Section 482 Cr.P.C. seeking to quash the proceedings against him in Crime No.67 of 2016 on the file of Nampally Police Station, Hyderabad.

Heard and perused the material available on record. The offences alleged against the petitioner are punishable under Sections 420 and 406 IPC. The truth or otherwise of the said allegations can be ascertained during the investigation of the case. Therefore, this Court is not inclined to interfere with the investigation against the petitioner.

At this stage, the learned Counsel for the petitioner submitted that the petitioner entered into an agreement of sale with the de facto complainant and due to the cases filed by the daughter-in-law of the petitioner, by invoking the provisions under the Domestic Violence Act, she could not able to sell the property as per the agreement. He further informed that the petitioner is ready to return the amount paid as advance by the de facto complainant and the present case is filed with an intent to harass her and due to pendency of the case, the petitioner apprehends arrest and harassment in the hands of police. Considering the above said facts and circumstances, the police concerned are directed to complete the investigation and file a final report, if any, without arresting the petitioner.

The police concerned are further directed to verify the documents and also the pendency of DVC filed by the daughter-in-law of the petitioner and if the petitioner intends to repay the advance amount paid by the de facto complainant, refer the matter to the Lok Adalat for settlement. With the above directions, the Criminal Petition is disposed of. Consequently, miscellaneous petitions pending, if any, shall stand closed.

______________ RAJA ELANGO, J April 06, 2016.

KTL