IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43835 of 2007 1. LAXUMAN YADAV @ LUKHO YADAV 2. Hari Charan Singh Versus 1. THE STATE OF BIHAR 2. GURU CHARAN SINGH ----------- 3/ 09/01/2009. Heard learned counsel for the petitioners, learned counsel for the State as also learned counsel for O.P.No.2. The petitioners are aggrieved by the order dated 29.6.2007 issuing summons to them under Sections-323 and 379/34 of I.P.C. in Complaint Case No.10(C)/07 pending before the Judicial Magistrate, 1st Class, Khagaria. The allegations in the complaint are that the complainant was a member of a joint family having a house at the Station road. That accused Nos.1 and 2, i.e. the present petitioners, were insisting on the complainant executing a sale deed with regard to his share of the properties. Petitioner No.1, abused and threatened that if the complainant did not execute a sale deed in his favour of his share of the properties, he would have the same done forcibly. The complainant took the defence of absence of partition. On refusal to sign on a plain paper, the petitioners assaulted the complainant with fists and slaps and took away his 2 golden chain and Rs.500/- from his pocket. The contention on behalf of the petitioners is that the existence of joint family properties is admitted in the complaint itself. Petitioner No.1 is the purchaser. Petitioner No.2 is one of the co-owners along with the complainant and own brother of the complainant. The petitioner No.1 obtained a sale deed dated 22.9.2006 in his name from the mother of petitioner No.2 and the complainant. In Title (P) Suit No.3/06 instituted by the third brother (complaint case admitting that they were three brothers) the complainant is one of the defendants in the suit. An application for injunction was filed in the suit which has been allowed. Petitioner No.1 despite having purchased the property is not in enjoyment thereof by reason of the orders of injunction when the property continues with the complainant and other co- owners. Learned counsel for the complainant does not deny the fact that petitioner No.2, his own brother, and is an attesting witness to the sale deed executed by his mother in favour of petitioner No.1 and that petitioner No.2 is also a party defendant in the suit along with the complainant in the suit filed by the third brother. The injunction order therein and the resultant deprivation of property to petitioner No.1 is also 3 admitted by the complainant. The aforesaid discussion reveals pre-existing civil litigation with regard to the properties. Petitioner No.2 is an attesting witness to a sale deed executed by the mother of petitioner No.2 and the complainant. The complaint conceals these facts, as also the pendency of an earlier partition suit between the family members of the complainant in which the complainant is also a party defendant and the order of injunction passed therein. In the entirety of the facts and circumstance, the interest of the parties claiming to the properties are adequately protected in the title suit. The Court, therefore, is satisfied on facts that the present allegations have been made only in a attempt to coerce and bringing pressure for a claim in the properties which otherwise will have to be decided in the suit and even if the petitioners were to have pressurized the complainant, no useful purpose is going to be served by reason of pre-existing injunction order of a civil court. In the entirety of the facts and circumstances the facts withheld from the complaint case with full knowledge, of the civil litigation already pending, this Court is satisfied that the institution of 4 the present allegations were nothing but an attempt to abuse the process of the criminal court for what was essentially and primarily a dispute of a civil nature already being contested before a proper civil forum. The impugned order dated 29.6.2007 and the proceedings in Complaint Case No.10(C)/07, pending before the Judicial Magistrate, 1st Class, Khagaria is, therefore, quashed. The application stands allowed. KC ( Navin Sinha, J.)