IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application(C482) No.233 of 2006 1. Rajendra Prasad 2. Chandra Pal 3. Rajpal 4. Kunwal Pal All sons of Chhota All R/o Mundakhedakalan, Tehsil Laksar P.S. Laksar, District Haridwar 5. Rishipal 6. Omprakash 7. Dharampal All sons of Shri Parsadi All R/o Mundakhedakalan, Tehsil Laksar P.S. Laksar, District Haridwar ………..…Petitioners Versus 1. Civil Judge (Jr. Div.)/ Judicial Magistrate Laksar District Haridwar 2. Kali Ram, S/o Shri Harnand R/o Mundakhedakalan, Tehsil Laksar P.S. Laksar, District Haridwar ....……Respondents Shri Ajay Veer Pundir, Advocate, present for the petitioners. Shri Nandan Arya,A.G.A.,present for the respondent no.1. None present for the complainant. Hon’ble Prafulla C. Pant, J. Heard. 2. By means of this petition moved under section 2 482 of Code of Criminal Procedure, 1973 (for short Cr.P.C.), the petitioners have sought quashing of the proceedings of criminal complaint case no. 08 of 2006, Kali Ram vs. Rajendra & others,relating to offences punishable under section 379, 504, 506 IPC, Police Station Laksar, pending in the court of Civil Judge (Jr. Div.)/Judicial Magistrate, Laksar. 3. Learned counsel for the petitioners submitted that the dispute between the complainant and the petitioners relates to land measuring 1.237 hec., of khasra no. 126 situated in Mauza Prempur @ Ladoli, within the limits of Tehsil Laksar. It is further submitted that though the complainant (respondent no.2 Kali Ram) has pleaded in the criminal complaint that the crop was harvested by the petitioners on 18.12.2005, which belong to him, but the petitioner no.1 Rajendra is the 'bhumidhar' in possession of the land. In support of the contention, reference was made to Annexure-3 to the petition which is copy of the registered sale deed executed by Smt. Kailasho (a co-sharer with complainant Kali Ram), and copy of Khatauni (Annexure-4). 4. Having considered submissions of learned counsel for the parties, and after perusing copy of Khasra and Khatauni (Annexure-4), this Court finds 3 that the dispute between parties is purely of civil nature, and it is abuses of process of law on the part of the complainant to file the criminal complaint in respect of pure civil dispute between the co-sharers. 5. For the reasons, as discussed above, this petition under section 482 of Cr.P.c., is allowed. The proceedings of criminal complaint case no. 08 of 2006, Kali Ram vs. Rajendra & others,relating to offences punishable under section 379, 504, 506 IPC, Police Station Laksar, pending in the court of Civil Judge (Jr. Div.)/Judicial Magistrate, Laksar, are hereby quashed. (Prafulla C. Pant,J.) Parul 08.10.2010