IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.52332 of 2007 1. MD.ALLAUDDIN 2. MD. ZALALUDDIN, BOTH SONS OF LATE ABDUL AZIZ 3. MEHRUN NISHA @ MEHRU NISHA, WIFE OF MD. ALLAUDDIN, ALL RESIDENTS OF ZANDAHA, P.S. ZANDAHA, DISTRICT VAISHALI ….……. PETITIONERS Versus 1. THE STATE OF BIHAR 2. PAWAN KUMAR JHA SON OF SRI RAMAKANT JHA, RESIDENT OF VILLAGE ZANDAHA, P.S. ZANDAHA, DISTRICT VAISHALI …….. OPPOSITE PARTIES ----------- 4. 19.3.2010 Opposite party No.2 had been noticed by this Court and despite appearance through Vakalatnama he has chosen not to appear today in the Court. This is an application for quashing the entire proceeding including the order dated 31.8.2007 passed by the Judicial Magistrate, Ist class, Vaishali at Hajipur in Complaint case No.2400 of 2000/403 of 2007 by which he has refused to discharge the present petitioners in a case, in which cognizance was taken for the offences under Sections 408, 420, 465, 467, 471 and 120B of the I.P.C. The case of the Complainant is that the accused persons entered into an agreement with the complainant that a certain piece of land would be used for operating a Bus stand and the profits would be shared between the parties. However after the complainant had invested a sum of Rs.2 lacs in the construction of the Bus stand, the accused persons refused to honour the said agreement and cancelled the partnership deed, due to which the complainant was put to - 2 - great financial loss. After enquiry u/s. 202 Cr.P.C., the court took cognizance for the offences mentioned above. From perusal of the entire complaint, I find that no ingredient of Sections 408, 420, 465, 467 and 471 I.P.C. is made out against the accused persons. Not only that, it appears that there is total absence of any material which would indicate criminal intent to commit any offence whatsoever and the only allegation against the petitioners at best is of non-performance of a contractual obligation. In my view, in such a situation the only remedy available to the complainant would be Civil Court and his complaint before criminal court is totally misplaced. In view of such, the application is allowed and the entire proceeding including the order dated 31.8.2007 passed by the Judicial Magistrate, Ist class, Vaishali at Hajipur in Complaint case No.2400 of 2000/403 of 2007 is quashed. Narendra/ ( Anjana Prakash, J. )