IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30215 of 2007 PRABHAT KUMAR SINGH & ORS Versus STATE OF BIHAR & ANR ----------- 7. 07.11.2008 Heard learned counsel for the petitioners, the state and the complainant (O.P. No. 2). This application has been filed by the petitioners for quashing the order dated 18.6.2007 passed by C.J.M. Samastipur in Samastipur (Town) P.S. Case No. 71/07 which was registered for offence u/Ss 420, 467, 468, 471 of the Indian Penal Code. Initially, a Complaint Case No. 1514 of 2006 was filed by the complainant (O.P. No. 2). The F.I.R. was registered on the basis of the allegation made in the complaint petition. Allegation in the F.I.R. is that the petitioner No. 1 has executed a sale deed dated 18.7.1994 in favour of petitioner No. 2 with regard to 18 Dhurs of land appertaining to Khesera Nos. 282, 283 & 284, the sale-deed is a forged one. No consideration has been paid and the vendor has no possession or title with respect to the land in question. It has also been alleged that on the basis of this sale-deed, a petition has been filed by the accused persons for initiation of a proceeding u/S 144 of the Cr.P.C., as such they have committed offence under the Sections alleged in the F.I.R. 2 Counsel for the petitioners submits that the case was investigated and charge sheet/final form was submitted by the investigation officer stating that this case is of civil nature. In spite of that, cognizance has been taken on 18.6.2007. However, it has been submitted by the petitioners’ counsel, that facts revealed in the F.I.R., do not make out any offence as the allegations are completely of civil nature. Dispute is with respect to land which can be decided or settled by a civil court of competent jurisdiction. The matter is already before the competent civil court for considering the genuineness and validity of the sale-deed, right, title and possession. In the given circumstances, continuation of criminal proceeding will be nothing but an abuse of the process of the court. Counsel appearing for O.P. No. 2 (complainant) has stated that some structure made on the land which is in possession of complainant and subject matter of sale-deed, has also been demolished, but I do not find that any such allegation has been made in complaint petition and the court cannot travel beyond allegations made in complaint for finding out that any prima facie case is made out. Admittedly, the allegation made in the complaint/F.I.R. relates to the title, possession and genuineness of the sale-deed which is completely of civil 3 nature and can be decided by a competent civil court. Initiation of Criminal proceeding is nothing but just to put pressure on the other side which can be termed as malicious proceeding amounting to be an abuse of the process of the court. In such a situation, a malicious proceeding cannot be allowed to be continued. Accordingly, the order dated 18.6.2007 passed in Samastipur (Town) P.S. Case No. 21/07 is quashed. This application is allowed. AKV/ ( Mridula Mishra, J )