MANU/SC/1008/2019

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IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 1082 of 2019 (Arising out of SLP (Crl.) No. 10762 of 2018)

Decided On: 31.07.2019

Appellants: Chilakamarthi Venkateswarlu and Ors. Vs. Respondent: State of Andhra Pradesh and Ors.

Hon'ble Judges/Coram:
Dr. D.Y. Chandrachud and Indira Banerjee

JUDGMENT

Indira Banerjee, J.

1. This appeal is against a judgment and order dated 30th August, 2018 passed by the High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh dismissing Criminal Petition No. 9225 of 2018 filed by the Appellant Under Section 482 of the Code of Criminal Procedure (Cr.PC) to quash the criminal proceedings being PRC No. 2 of 2018 pending against the Appellants in the Court of the Additional Judicial First Class Magistrate, Narsapur, West Godavari District for offences punishable Under Sections 307, 323, 427, 447 and 506(2) read with Section 34 of the Indian Penal Code (IPC).

2. The Appellants and the Respondent No. 2, being the de facto complainant, are apparently close relatives and are embroiled in a partition suit being OS No. 92 of 2012 filed by the Appellant No. 2 in the Court of Additional District Judge, Narsapur, West Godavari District of Andhra Pradesh.

3. The Appellant No. 2 had also filed a criminal complaint being Criminal Complaint No. 518 of 2012 against the de facto complainant and others in the Court of the First Class Judicial Magistrate, Narsapur, West Godavari District Under Sections 120B, 420, 463, 464, 466, 467, 468, 469, 470 and 471 of the Indian Penal Code.

4. It is the case of the Appellants that the de facto complainant has falsely implicated the Appellants as a counter blast to the Criminal Complaint No. 518 of 2012 filed by the Appellant No. 2.

5. The Appellants filed the Criminal Petition No. 9225 of 2018 in the High Court Under Section 482 of the Code of Criminal Procedure for quashing the proceedings in PRC No. 2 of 2018 on the allegation that there were civil disputes pending between the Appellants and the Respondents.

6. The Appellant also contended that an earlier application in the High Court Under Section 482 of the Code of Criminal Procedure being Criminal Petition No. 13272 of 2014 for quashing CC No. 508 of 2012 filed by the Appellants, had b........