IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51358 of 2007 1. NUNULAL RAI, son of Khattar Rai 2. Hareram Rai, son of Khattar Rai 3. Satyadeo Rai, son of Late Musaharu Rai, All resident of village – Sudhrain, P.S. – Kuseshwar Asthan, District – Darbhanga. ------------------- Petitioners. Versus 1. THE STATE OF BIHAR 2. Jyoti Devi, Wife of Azit Kumar Poddar, resident of village – Sudhrain, P.S. – Kuseshwar Asthan, District – Darbhanga. ------------------------ Opposite Parties. ------- For the petitioner : Mr. Ajay, Adv. Mr. Krishna Chandra, Adv. For the State : Mr. Binod Kumar, APP. For the Opp. Party : Mr. Anil Keshri, Adv. --------- 6 16.04.2010 Heard learned counsel for the petitioners, State and Opposite parties. This is an application under section 482 of the Criminal Procedure Code seeking quashing of the order dated 18.01.2007 passed by Sri A.P. Gupta, learned Judicial Magistrate, Biraul at Benipur (Darbhanga) for the offences under Sections 467, 468, 471, 420, 120B, 323 and 504 of the Indian Penal Code in connection with Kuseshwar Asthan P.S. Case No. 56 of 2003. It is admitted case of the parties that the instant case was instituted alleging some grievances with respect to execution of a sale deed. During the course of argument, learned Members of the Bar submitted that it is outright case of - 2 - civil nature and parties have already entered into compromise. Taking into consideration, submissions, nature of allegations and the first information report which confirms the submission of the Bar that this case is of civil nature. Further permitting to continue the case shall nothing to abuse of the process of law. In the result, application stands allowed and the impugned order and further proceedings of the court below is hereby quashed. Rajeev/ (Akhilesh Chandra, J.)