G Sri Devi, J. - (1.)The petitioner, who is accused No.1, filed this Criminal Petition under Section 482 Cr.P.C. seeking quashing of all further proceedings in C.C.No.1715 of 2016 on the file of the III Additional Chief Metropolitan Magistrate at Nampally, Hyderabad.
(2.)The second respondent herein filed a private complaint against the petitioner/A1 and another for the offences punishable under Sections 420 and 120-B read with 34 of I.P.C. The averments in the complaint would show that the second respondent/ complainant is the sister-in-law of the petitioner/A1. The accused created disputes over sharing of the properties of his late father. In this connection, the husband of the second respondent and the accused had filed civil suits against each other. During pendency of the civil cases, the accused approached the husband of the second respondent with dishonest and fraudulent intention to cheat him and made a proposal for compromise and asked the husband of the second respondent to give them an amount of Rs.8,00,000/- and some other properties. Believing the said version, with a bonafide intention of settling the family disputes, the husband of the second respondent gave an amount of Rs.8,00,000/- through D.D.bearing No.122040 dated 06.07.2013 drawn on State Bank of Mysore, Banjara Hills, Hyderabad and also agreed to share immovable properties. Thereafter, the husband of the second respondent, accused and other children of late Prasad Rao, who is the father of the petitioner, entered into a compromise deed, dated 06.07.2013. After receiving the demand draft and handing over of immovable properties as per the compromise deed, with a dishonest intention the petitioner is evading to come to the Court for settlement in accordance with the compromise deed. After securing the benefit of the compromise valuable properties and cash, now the petitioner is not coming forward to the Court to get the compromise decree. Thus, the accused have cheated the husband of the complainant. Basing on these allegations a private complaint came to be filed, which was taken on file as C.C.No.1715 of 2016. The present Criminal Petition is filed seeking quashing of the proceedings in the above C.C.
(3.)Learned counsel for the petitioner would submit that admittedly, the petitioner has received an amount of Rs.8,00,000/- from the husband of the second respondent, but the same was returned to the second respondent after the death of her husband. He further submits that the husband of the second respondent filed a private complaint vide C.C.No.60 of 2015, for the offences punishable under Sections 420 and 120-B IPC, which was closed due to the death of the husband of the second respondent. He further submits that the said amount of Rs.8,00,000/- was paid through bankers cheque dated 09.02.2016. He further submits that on 14.02.2017, the second respondent herein stated before the XVII Additional Chief Judge that they are not going to not press the A.S.No.345 of 2009 and sought time for one week.