Case Facts:
Patna High Court Cr.Misc. No.768 of 2012 (5) dt.23-11-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.768 of 2012 ====================================================== 1. Janardan Mahto @ Janardan Prasad S/o Late Jai Pal Mahto 2. Raju Mahto @ Raj Kumar S/o Janardan Prasad Resident of Mohalla- Dadar Madni, P.S- Alamganj, district .... .... Petitioner/s Versus 1. The State of Bihar 2. Sanjay Kewat, S/o Late Surendra Kewat, Deep Nagar, P.S. Mehndiganj, Town and Distt. Patna .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Laxmi Nr. Das, Advocate For the State : Mr. A.M.P. Mehta, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 5 23-11-2012 No one appears on behalf of the private Opposite Party on the second successive date. The Petitioners seek quashing of the entire proceeding including the order dated 16.8.2011 passed in Mehendi Ganj P.S. case No.32 of 2011 (G.R. No.802 of 2011)., by which the Judicial Magistrate, Patna City has taken cognizance under [STATUTE] . The case of the informant is that he had sold certain piece of land to one Sharda Devi and Ranjit Kumar a month back through a registered sale deed. Since last one month the Petitioners were allegedly demanding rangdari and had also threatened and assaulted him. After due investigation, charge sheet was submitted only under [STATUTE] . and the allegation of rangdari was found to be false. It has been submitted on behalf of the Petitioners that in Patna High Court Cr.Misc. No.768 of 2012 (5) dt.23-11-2012 fact the dispute has been purposely created to frustrate the title of one Smt. Aruna Singh and Kishore Kumar Singh, who had purchased the land way back in the year 1984 from Gopal and Jaipal i.e. the uncle and father of Petitioner No.1 and grand uncle and grand father of Petitioner No.2. The plaint of Title Suit No.146 of 2011 filed on 20.5.2011 has been annexed by way of a supplementary affidavit. The Counsel for the Petitioners brings to notice of this Court the statements in Paragraphs No.9 and 10 wherein the aforesaid has been stated. Further it also appears that the said Aruna Singh and Kishore Kumar Singh have been litigating with the present informant, defendant No.1 in Title Suit on the same piece of land. The submission is that by this false complaint the petitioners are being coerced to side with the Complainant as against the claims of Aruna Singh and Kishore Kumar Singh. Having accepted the statements of the Petitioners, this Court is convinced that the present proceeding is a sheer abuse of the process of the Court and deserves to be set aside. In view of such, the application is allowed and the entire proceeding including the order dated 16.8.2011 passed by the Judicial Magistrate, Patna City in Meheni Ganj P.S. case No.32 of 2011 (G.R. No.802 of 2011) is hereby quashed. Narendra/- (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.