CRIMINAL MISCELLANIOUS No.6349 OF 2005 1. NAGENDRA SHAHI, S/o- Late Rambrikshca Shahi, resident of village – Sahbajpur, Salem, P.S. Ahiyapur, District – Muzaffarpur. 2. Srimati Krishna Kumar Devi @ Krishna Devi W/o – Sri Vishwa Mohan Sharma, resident of village – Narma, P.S. – Hathory, District – Muzaffarpur. 3. Gayatri Devi, W/o – Rabindra Prasad Singh, resident of village – Bharwari, P.S. – Sakra, District – Muzaffarpur. ----------- Petitioners. Versus 1. THE STATE OF BIHAR 2. Nand Kishore Shahi, S/o – Late Ram Swaroop Shahi, resident of village – Sahbajpur Salem, P.S. Ahiyapur, District – Muzaffarpur. ---------------(Opposite Parties.) For the Petitioners : Mr. Shiva Shankar Sharma, Adv. For the Opp.Party 2 : Mr. Rajeev Ranjan, Adv. For the State : Mr. Hirday Prasad Singh, APP ****** P R E S E N T THE HON'BLE MR. JUSTICE AKHILESH CHANDRA ******** Akhilesh Chandra, J. Heard learned counsel for the petitioners, learned counsel for the opposite party no.2 and learned Additional Public Prosecutor for the State. This application under section 482 of the Criminal Procedure Code has been filed seeking quashing of order dated 31.012.2004 passed by learned Chief Judicial Magistrate, Muzaffarpur in Complaint Case No. 2295/2004 taking cognizance against the petitioners for the offences under section 406, 420, 468 and 120B of the Indian Penal Code. Admittedly, petitioner no.1 who was original owner of piece of land, portion of which was transferred to petitioner nos. 2 and 3 in the year 1997 who transferred the land purchased by them in the year 1998 to the complainant. As stated in the complaint petition, some clarification was required with respect to passage, so at the instance of petitioner nos. - 2 - 2 and 3, he enquired about the area of the land transferred by him to petitioners 2 & 3 and accordingly, he assured that area of land is one decimal. Much after such purchase in the year 2004, the complainant felt some difficulty as regard to area of passage then he obtained copy of the sale deed executed by petitioner no.1 in favour of his vendors petitioner no. 2 & 3 and said to have realized that in collusion with each other the three petitioners cheated him. The averments as regard to the subject matter in both the sale deeds appears almost similar and from nowhere the complaint petition, it appears that any criminal offence was constituted, rather, the dispute if any, is of civil nature with respect to interpretation of the deeds if at all there was any requirement. Considering the facts and circumstances and finding the case is of civil nature, further continuance of the proceeding before the court below shall be abuse of the process of law and case covers under more than one categories as prescribed by Apex Court in case of State of Haryana & others v. Choudhary Bhajan Lal & others reported in A.I.R. 1992 SCC 604. In the result, this application stands allowed and impugned order and proceeding is hereby quashed. Patna High Court Date : The 6th August 2010 Rajeev/ (Akhilesh Chandra, J.)