U.Durga Prasad Rao, J. - (1.)In this petition filed under Section 482 Cr.P.C., the petitionersA1 & A2 supplicate for quashing the proceedings against them in Cr.No.313/2017 of Duvvada Police Station, Visakhapatnam District, registered for the offences under Sections 406, 420 r/w 34 IPC.
(2.)The grievance of de facto complainant is that both the petitioners-A1 & A2, who are husband and wife, informed the complainant that A2 owned approved house plots measuring an extent of 311 square yards in Survey No.36 in Aganampudi Village and those plots are under registered G.P.A. vide document No.5938/2006 and induced the complainant to purchase the same from A2 and accordingly, an agreement to sell dated 28.07.2014 was entered into for Rs.45,00,000/- and complainant paid an advance amount of Rs.10,00,000/- to A2 at the time of execution of agreement to sell. Accused handed over the original agreement of sale and Xerox copy of G.P.A. in respect of 611 square yards. Subsequently the complainant, on request of the accused, has paid the amounts from time-to-time towards part payment of sale consideration and by 30.10.2014 the complainant paid Rs.39,80,000/-. The accused promised that they would execute the Sale Deed. Finally when the complainant approached the accused on 31.10.2014 for the balance sale consideration of Rs.5,20,000/-, the accused rejected the request of the complainant and threatened him and necked out him from the house of the accused. Thus, the complainant came to know that the accused had no intention to sell the property since inception and they cheated him. Hence, the complaint.
(3.)Heard Sri A.K.Kishore Reddy, learned counsel for petitioners, and learned Additional Public Prosecutor representing the first respondent-State, and Sri V.V.Satish, learned counsel for second respondent.
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