JHULAN RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned counsel for the State as also learned counsel representing the private respondent nos. 8 and 9.

(2.) Petitioners in the present case are seeking quashing of the Digha P.S. Case No. 134/2019 for offences under Sections 420, 406, 504, 506, 323, 341/34 of the Indian Penal Code. Allegations against petitioner no. 1 is that he had fraudulently represented to the informant (respondent no.8) that the land in question is his Khatiyani land whereas in fact the land was already an acquired land by Housing Board. Petitioner no. 1 received a sum of Rs. 40 Lakhs from the informant (respondent no. 8) and Respondent no. 9 and when respondent came to know that they have been cheated and demanded back their money, they were abused and assaulted by petitioner no. 1 and his two sons (petitioner nos. 2 and 3).

(3.) Learned counsel for the petitioners submits that it is at best a case of civil dispute inasmuch as it would appear that the private respondents had paid the amount in question to the petitioners in lieu of the land which was agreed to be sold to them and after paying the said amount they raised an issue of title and refused to get the sale deed executed and registered.