Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2029 of 2012 ====================================================== Surendra Kumar Singh @ Surendra Mohan Singh, S/O Sri Ram Deo Singh R/O Vill- Silad, P.S- Aurangabad, Muffassil, Distt- Aurangabad. .... .... Petitioner/s Versus 1. The State Of Bihar 2. Dukhan Ram S/O Late Ram Krishna Ram, R/O Vill- & Post- Silad, P.S- Aurangabad Muffassil, Distt- Aurangabad. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : None. For the State : Mr. Suchita Yadav, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 3. 06-11-2012 No one appears on behalf of the Petitioner. The Petitioner seeks quashing of the entire proceeding including the order dated 21.10.2011 passed by the Judicial Magistrate, 1st Class, Aurangabad, in Complaint Case No. 540 of 2011/Misc. 30 of 2011 by which he has taken cognizance under [STATUTE] . The case of the Complainant is that he and his son had received a sum of Rs. 80,000/- for construction of a Pakka house and even though, the Petitioner took Rs. 35,000/- from him for registering the land in his name but he did not do so. It has been stated in the petition that in the year 2008, the Petitioner filed an application before the S.D.O., Aurangabad, that the Complainant had illegally constructed his Patna High Court Cr.Misc. No.2029 of 2012 (3) dt.06-11-2012 2 / 2 2 house on his Raiyati land. The matter was enquired into by the Police which recommended a proceeding under Section 107 Cr. P.C. It is on account of that recommendation that the present Complaint has been filed. There is a document in support of the fact that the land in question belongs to the Petitioner and, there is no question of him having promised the same to the Complainant in the background facts of the case. Notices have been issued to the Opposite Party No. 2 but despite service of notice, he has chosen not to appear before this Court. Accepting the submission made in the petition, the application is allowed and the entire proceeding including the order dated 21.10.2011 passed by the Judicial Magistrate, 1st Class, Aurangabad, in Complaint Case No. 540 of 2011/Misc. 30 of 2011, is hereby quashed. S.Ali (Anjana Prakash, J.)

Applicable IPC Section: 504

Statute Text:
Section 504 of the Indian Penal Code. Insult intended to provoke breach of the peace. Whoever intentionally insults, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.