Case Facts:
Patna High Court Cr.Misc. No.39782 of 2008 (11) dt.28-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39782 of 2008 ====================================================== 1. Dhurandhar Prasad Singh, S/O-Late Agin Prasad Singh 2. Shailendra Kumar Singh, S/O-Dhurandhar Prasad Singh Both resident of Muhalla Ratanpura, P.S.-Bhagwan Bazar, District- Saran at Chapra .... .... Petitioner/s Versus 1. The State Of Bihar 2.Jeetan Singh, S/O-Late Agin Prasad Singh Permanent resident of village, Bhawan Tola, Sitab Diara, P.S.-Bairia, District-Balia (U.P.), Presently residing at Muhalla Ratanpura, P.S.-Bhagwan Bazar, District-Saran at Chapra .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mrs. Soni Srivastava Mr. Awadhesh Kumar For the Opposite Party/s : Mr. Suraj Prasad Narayan Sinha (Sr. Adv.) Mr. Awadhendra Kumar For the State Mr. M. N. Jha (A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 11 09-08-2012 This quashing petition has been filed under Section 482 of the Cr.P.C. for quashing the entire proceeding of Complaint Case No. 3672 of 2007 corresponding to Trial No. 3303 of 2008 including the order of cognizance dated 03.03.2008 passed by Sri V. P. Tiwary, Judicial Magistrate, Saran by which and whereunder he having found prima facie case under [STATUTE] ordered to issue summons against the petitioners. The brief fact, which lies to file this quashing Patna High Court Cr.Misc. No.39782 of 2008 (11) dt.28-07-2012 petition, is that Opposite Party No. 2, namely, Jeetan Singh filed complaint case bearing Complaint Case No. 3672 of 2007 against the petitioners in the court of Chief Judicial Magistrate, Chapra district Saran alleging therein, inter-alia, that petitioner no. 1, namely, Dhurandhar Prasad Singh is his full brother whereas petitioner no. 2 is his nephew and on 15.11.1968, he purchased 2 katta 17 dhurs of land situated in ward no. 4, Circle no. 21, Holding No. 529 in the name of his minor son, namely, Birendra Kumar Singh as well as petitioner no. 2 and one Anil Kumar Singh who happens to be minor son of his younger brother, namely, Amrendra Narayan Singh for consideration amount of rupees seven thousand from one Ram Pravesh Sah and he along with his brothers, namely, Amrendra Narayan Singh and petitioner no. 1 came in possession of aforesaid land in capacity of guardians of their respective minor sons and according to family arrangement, both the aforesaid persons got their 1/3 share in the aforesaid land and subsequently, mutation was done in Chapra Municipality and he has been paying tax accordingly. It is further alleged that a dispute arose between him as well as petitioners in respect of some lands of Sitab Diara and after that his eldest brother, namely, Parasnath Singh, who was in connivance with the petitioners, mediated the matter and it was decided that Bhikandeo Patna High Court Cr.Misc. No.39782 of 2008 (11) dt.28-07-2012 Singh, Sudama Prasad Singh and Vikramaditya Singh would be panches and petitioner no. 1 stated that whatever decision they would take, he would accept the same. The Opposite Party No. 2 also agreed to accept the verdict of the panches though he had no trust on the aforesaid panches. The above stated panches consented to become panch and said that both parties would have to sign on plain non judicial stamp so that whatever decision is taken, the same will be binding on the parties and after that Opposite Party No. 2 and others signed on the non judicial stamp on 10.10.2007, but the aforesaid panches adjourned the panchayati on the pretext to see the documents. It is further alleged that after sometime, he got a notice of Section 144 of the Cr.P.C. and when he obtained the certified copy of petition of the aforesaid proceeding, he came to know that petitioners and aforesaid panches fraudulently took his signature on plain stamp paper and after that they prepared forged panchnama for giving benefit to the petitioners and for grabbing the property of Opposite Party No. 2. The Opposite Party No. 2 approached the aforesaid panches but they did not give any satisfactory answer though on 18.11.2007, the aforesaid panches gave photostat copy of the aforesaid family settlement to the Opposite Party No. 2 and then Opposite Party No. 2 came to know that a forged family settlement had got Patna High Court Cr.Misc. No.39782 of 2008 (11) dt.28-07-2012 prepared by the petitioners and after that he filed the aforesaid complaint case. The aforesaid complaint case was enquired under Section 202 of the Cr.P.C. and after that learned court below passed the impugned order dated 03.03.2008 in the manner as stated above. The Opposite Party No. 2 filed counter affidavit and after that supplementary affidavit was filed on behalf of the petitioners. Learned counsel appearing for the petitioners challenged the validity of the impugned order on the ground that there was land dispute between the parties and as a matter of fact, a family settlement took place between the brothers of petitioners as well as Opposite Party No. 2 and, accordingly, family settlement was prepared on 10.10.2007 and the aforesaid family settlement was signed by all the brothers including petitioner no. 1 and Opposite Party No. 2 but later on, Opposite Party No. 2 tried to take possession of the lands allotted in the share of petitioner no. 1. The petitioner no. 1 filed a petition before the Executive Magistrate on 22.10.2007 for initiating a proceeding under Section 144 of the Cr.P.C. and when Opposite Party No. 2 got notice in the aforesaid proceeding of 144 of the Cr.P.C., he filed the present Patna High Court Cr.Misc. No.39782 of 2008 (11) dt.28-07-2012 case and, therefore, it is clear from the aforesaid facts that there is land dispute between the parties and Opposite Party No. 2 has brought this false

Applicable IPC Section: 506

Statute Text:
Section 506 of the Indian Penal Code. Criminal intimidation. Whoever commits the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both; If threat be to cause death or grievous hurt, etc — and if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or imprisonment for life, of with imprisonment for a term which may extend to seven years, or to impute unchastity to a woman, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.