IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.474 of 2006 PANCHANAND SHARMA @ PANCHLAL SHARMA & ANR Versus STATE OF BIHAR & ANR ----------- 5. 22.8.2008. This application has been filed for setting aside the order dated 8.3.2006 passed by Sri Raman Kumar, Judicial Magistrate, Ist Class, Katihar in Complaint Case No. C.A. 1691 of 2001 whereby he has rejected the petition of discharge dated 20.8.2004 filed under Section 245 of the Cr.P.C. Heard learned counsel for both the parties. The petitioners have been prosecuted on the basis of complaint lodged by their sister Manju Devi under Sections 406, 420 and 120(B) of the I.P.C. for wrongful withdrawal and misappropriation of provident fund amount of her deceased-father. It is submitted on behalf of the petitioners that no criminal case shall lie for withdrawal of GPF amount by the sons of deceased father as married daughters have no authority to receive death-cum- retiral gratuity amount. It is further submitted that apart from it, opposite party no. 2 has already obtained a decree regarding partition of movable and immovable properties including the amount received by the petitioners as GPF and other retiral benefits of their father. The above facts have also been conceded by opposite party. Considered the submission of learned counsel for both the parties and also the facts and circumstances of the case. This is a family dispute. The dispute is with regard to apportionment of death-cum-retiral benefits of their father. A decree has 2 already been obtained by opposite party no. 2 regarding apportionment/partition of both movable and immovable properties. Under the facts and circumstances of the case, this application is allowed and the impugned order dated 8.3.2006 passed by Sri Raman Kumar, Judicial Magistrate, Ist Class, Katihar in Complaint Case No. C.A. 1691 of 2001 is hereby set aside and the petitioners are directed to be discharged. kanchan (Ghanshyam Prasad, J.)