APHC010546162025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10625/2025 Between: 1. ABEL SUJAY, S/O.NALLATHAPAY ABEL, AGED ABOUT 44 YEARS, RESIDING AT D.NO.32-10-5/37, FLAT NO.502, PADMASRI ARCADE, VENKATESWARA COLONY, SHEELA NAGAR, VISAKHAPATNAM - 530012 ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, NELAPADU VILLAGE, THULLUR MANDAL, AMARAVATI, GUNTUR DISTRICT - 522 238 2. NEERAJ JAIN, S/O.VINOD JAIN, AGED ABOUT 41 YEARS RESIDENT OF NEW DELHI C/O. M/S.LOTUS INTERTRADE PRIVATE LIMITED, 188, SWAYAM SEWA SOCIETY, JHILMIL COLONY, VIVEK VIHAR, NEW DELHI - 110095 ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. MEKA RAHUL CHOWDARY Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10625/2025 ORDER: The instant criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C)/under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the Petitioner/Accused No.3, seeking quashment of the proceedings pending against him in C.C.No.2079 of 2024 on the file of the learned Chief Metropolitan Magistrate, Visakhapatnam, for the offences punishable under Sections 420, 406 & 120-B r/w 34 of Indian Penal Code. 2. Heard Sri Meka Rahul Chowdary, learned counsel for the Petitioner and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. 3. Learned counsel for the petitioner would submit that in the light of the Order passed by a Co-ordinate Bench of this Court in Crl.P.No.4960 of 2025 dated 06.08.2025, the case against the Accused No.1 has been quashed with a clear observation that when the disputes are arising out of a contract, the same cannot be given a criminal hue for maintain the complaint. The disputes between the A-1 and the defacto complainant are purely arising out of non- compliance of the contractual obligations. The remedy for resoluation of such dispute is certainly not a criminal complaint. Learned counsel for the petitioner would further submit that the present petitioner is Accused No.3 and he is also on the same footing with the accused No.1 and the Court may pass 3 appropriate Orders in this matter quashing the case against the Accused No.3 in the light of the aforesaid Order. 4. Learned Assistant Public Prosecutor on behalf of the State would submit that in the light of the Order passed by the Coordinate Bench of this Court in Crl.P.No.4960 of 2025 dated 06.08.2025, the Court may pass appropriate Orders. 5. Considering the submissions, as can be seen from the record, the petitioner herein/A-3 is the third party to the alleged sale agreement. When the case against the Accused No.1 itself is quashed vide Order dated 06.08.2025 in Crl.P.No.4960 of 2025, the case deserves quashment against the Accused No.3. In that view of the matter, the Criminal Petition is allowed, quashing the proceedings pending against the petitioner/Accused No.3 in C.C.No.2079 of 2024 on the file of the learned Chief Metropolitan Magistrate, Visakhapatnam, for the offences punishable under Sections 420, 406 & 120-B r/w 34 of Indian Penal Code. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 14.10.2025 UPS 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10625/2025 Dated.14.10.2025 UPS 117