IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2950 of 2008 1. ALOK KUMAR CHATERJEE, SON OF LATE BISHWANATH CHATTERJEE, RESIDENT OF RAJNI NIWAS, 32,LOWER KILBURN COLONY, DORANDA, RANCHI. 2. SURENDRA NATH CHATTERJEE @ CHANDU, SON OF LATE MURLI MOHAN CHATTERJEE, RESIDENT OF NAYA KILA, P.S. TOWN SIWAN, DISTRICT SIWAN. 3. SONALI CHATTERJEE, WIFE OF ASHOK KUMAR CHATTERJEE, RESIDENT OF FLAT NO. 203, KARPURA SAVITRI NILAYAM APARTMENT, 2ND FLOOR, CHITKOHRA, P.S. GARDANIBAGH, P.O. ANISABAD, PATNA. --- PETITIONERS Versus 1. THE STATE OF BIHAR. 2. ASIM KUMAR CHATTERJEE, SON OF LATE BISHWANATH CHATTERJEE, RESIDENT OF MOHALLA RAJENDRA PATH, NAYA BAZAR, P.S. TOWN SIWAN, DISTRICT SIWAN. --- OPPOSITE PARTIES With Cr.Misc. No.52059 of 2008 1. ASEEM CHATTERJEE @ ASEEM KUMAR CHATTERJEE, SON OF LATE BISHWANATH CHATTERJEE 2. ANUP BANERJEE @ ANUP KUMAR BANERJEE, SON OF LATE VIRENDRA NATH BANERJEE 3. BIMAL BANERJEE @ BIMAL KUMAR BANERJEE, SON OF LATE VIRENDRA NATH BANERJEE ALL RESIDENTS OF RAJENDRA PATH, NAYA BAZAR, SIWAN, P.S. SIWAN TOWN, SIWAN. 4. OFFICER YADAV @ OFFICER LAL YADAV, SON OF MUNDRIKA YADAV, RESIDENT OF BHANTA POKHAR, P.S. SIWAN MUFFASIL, DISTRICT SIWAN.--- PETITIONERS Versus 1. THE STATE OF BIHAR 2. ALOK CHATTERJEE, SON OF LATE BISHWANATH CHATTERJEE, RESIDENT OF RAJENDRA PATH, NAYA BAZAR, SIWAN, P.S. SIWAN TOWN, SIWAN.---- OPPOSITE PARTIES With Cr.Misc. No.52858 of 2008 1. ASEEM KUMAR CHATTERJEE, SON OF LATE BISHWANATH CHATTERJEE, RESIDENT OF RAJENDRA PATH, NAYA BAJAR, SIWAN, P.S. SIWAN (TOWN), DISTRICT SIWAN. 2. OFFICER YADAV @ OFFICER LAL YADAV, SON OF MUNDRIKA YADAV, RESIDENT OF VILLAGE BHANTA POKHAR, P.S. SIWAN (MUFFASIL), DISTRICT SIWAN.-PETITIONERS Versus 1. THE STATE OF BIHAR 2. ALOK KUMAR CHATTERJEE, SON OF LATE BISHWANATH CHATTERJEE, RESIDENT OF RAJENDRA PATH, NAYA BAJAR, SIWAN, P.S. SIWAN (TOWN), DISTRICT SIWAN, PRESENTLY RESIDING AT RAJNI NIWAS, 32, LOWER KILBUM COLONY, HINOO, P.S. DORANDA, DISTRICT RANCHI.--- OPPOSITE PARTIES ----------- 7 10.12.2009 These three applications are being heard together as the parties are common in all the three applications. Bishwanath Chatterjee had three sons. There appears to be a dispute with respect to property between the brothers as a result 2 of which several criminal cases have been instituted by one or the other brother against the other family members. All the cases which have been filed stem from the dispute with respect to the property and are mainly with respect to offences under Sections 419, 420, 477, 120B and in some cases under Sections 448, 380, 323 and 504/34 of the Indian Penal Code. There is a title suit numbered as Title Suit No. 431 of 2005 pending before the Sub-Judge, Siwan challenging the sale deed on the ground that it is a forged and fraudulent document. With respect to the lands in question and the respective shares of the parties, there are civil disputes also pending in the Courts below. On the last occasion when the Court had heard the matter, it had been observed that the parties should fight civil disputes and not fight criminal disputes as they are closely related and the disputes admittedly arise purely out of the civil disputes between them. It is fortunate that the counsel for the parties have been able to persuade the respective parties not to pursue these criminal cases and as such the parties have agreed that they should settle the matter amicably as far as the criminal disputes are concerned. The parties have consented to withdraw all criminal cases pending against each other. As a result of which this Court is quashing the following orders: (a) The order dated 8.5.2007 by which cognizance has been taken under 3 Sections 419, 420, 477 and 120B of the Indian Penal Code in Siwan (Town) P.S. Case No. 275/2005 pending before the Chief Judicial Magistrate, Siwan. (b) The order dated 2.2.2008 by which the Court below has framed charges after refusing to discharge the petitioners under Sections 448, 504, 323, 380/34 of the Indian Penal Code in Siwan (Town) P.S. Case No. 228 of 2005 (Trial No. 1162 of 2008) pending in the Court of Shri V. V. Gupta, Judicial Magistrate, 1st Class, Siwan. (c) The order dated 19.12.2005 by which cognizance has been taken for offences under Sections 147, 148, 323, 448, 457, 380 and 120B of the Indian Penal Code in Complaint Case No. 1291 of 2005 (Trial No. 1579 of 2008) pending in the Court of Shri S. D. Dwivedi, Judicial Magistrate, 1st Class, Siwan. In the result, the orders dated 8.5.2007, 02.02.2008 and 19.12.2005 passed in Siwan (Town) P.S. Case No. 275/2005, Siwan (Town) P.S. Case No. 228 of 2005 (Trial No. 1162 of 2008) and Complaint Case No. 1291 of 2005 (Trial No. 1579 of 2008) 4 respectively, are quashed. These applications are allowed. Sanjay (Sheema Ali Khan, J.)