IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31825 of 2006 Jitendra Kumar Singh @ Jitendra Kumar, Son of Shri Ramesh Singh, Resident of Village Govai Chak, P.S. Naubatpur, District Patna. At present residing at Village-Chamari Chak, P.S. Danapur, District Patna. --------- Petitioner Versus 1. The State of Bihar. 2. Ratan Kumar Sharma, S/o Shri Kishan Lal, Resident of Village + P.S. Jalalgarh, District Purnia (Bihar). At present residing at 1024, Krishna Kunj, St. Peter Road Birsa Chauk. ------- Opposite Parties With Cr.Misc. No.21900 of 2007 Ratan Kumar Sharma, S/o Shri Kishan Lal Sharma, Resident of Village + P.S. + P.O. – Jalalgarh, District Purnea (Bihar), At present resident at 102, Krishna Kunj, St.-Peter Road, Birsa Chauk, Ranchi (Jharkhand). --------- Petitioner Versus 1. The State of Bihar. 2. Rajeev Ranjan, S/o Ambika Singh, Resident of Mohalla-New Baily Road, P.S. Danapur, District Patna. --------- Opposite Parties With Cr.Misc. No.21781 of 2007 Ratan Kumar Sharma, S/o Shri Kishan Lal, Resident of Village + P.S.- Jalalgarh, District Purnia (Bihar), at present residing at 102, Krishna Kunj, St. Peter Road, Birsa Chauck, Ranchi (Jharkhand). -------- Petitioner Versus 1. The State of Bihar. 2. Jitendra Kumar Singh, S/o Ramesh Singh, Resident of Goykichak, P.S. Naubatpur, District Patna. ----- Opposite Parties ----------- 10 10.8.2009 Heard counsel for the parties. The long and short of all these three cases is that when certain transactions were made by the Cooperative Societies by transferring land in the name of complainant of the first case, the problem arose either 2 with regard to giving possession thereof or in some other form relating to billings made by the Society and its office bearers to its members. It is not in doubt that the whole dispute apparently having a tinge of criminal offence is basically one of civil nature and all the parties have taken their defence as their rearguard action by not only filing a dispute before the Registrar of the Cooperative Society being Dispute Case No. 27 of 2006, as well as the society also in order to protect the rights of its members including that of the complainant has filed Title Suit No. 101 of 2006. In that view of the matter, either in terms of Section 48 of the Bihar & Orissa Cooperative Societies Act vesting power to the Registrar of the Cooperative Society to settle the dispute between one members and another and the action of the Society in filing of the title suit with regard to protecting the interest of entire members in whose favour the land was once registered, would leave hardly any scope for the parties to pursue their remedy before the criminal 3 court, inasmuch as, now there has been a duly elected body of the Society in which again a democratic norms have been restored by holding an election and installing of office bearers. In such a situation, all the parties have agreed that the complaint filed against each other giving rise to three cases in hand can be disposed of with a clear understanding that neither the petitioner of the first case shall be prosecuted by the complainant of the first case nor the complainant and his son and wife shall be prosecuted in the two remaining cases by the complainant of those cases. Consequently, the proceedings against the petitioners in all the three cases are hereby quashed and the parties are left to get their rights determined either in the pending case before the Registrar of the Cooperative Society or in the title suit. Rsh (Mihir Kumar Jha, J.)