SUSHILA DEVI Vs. STATE OF BIHAR AND ANR.

JUDGEMENT

(1.) This is a petition for quashing the order, dated 27.02.2008, passed by the Chief Judicial Magistrate, Patna, in Kadamkuan (Kankerbagh) P.S. Case No. 776 of 2006, by which cognizance has been taken for offence under Sections 406, 420 and 120B of the Penal Code as well as for quashing the entire criminal prosecution.

(2.) From the perusal of the record, it appears that a complaint case was initially filed bearing Complaint Case No. 1741 (c) of 2006 filed on 27.06.2006 by the complainant/informant on the basis of which the first information report was lodged under Sec. 156(3) of the Code Criminal Procedure bearing Kadamkuan (Kankerbagh) P.S. Case No. 776 of 2006.

(3.) The prosecution case, as alleged in the complaint petition, on the basis of which the first information report was lodged is that Smt. Sushila Devi, the petitioner came to the office of Sneh Priya Sahkari Grih Nirman Samity and impressed that she is in need of money for purchase of flat and wants to sell 36 decimals of land bearing khata no. 118, plot no. 108 of mauza Jalalpur under Danapur Police Station and impressed that land was ancestral property and recorded in the survey khatiyan in the name of Kaloo Gope, son of Ramyaj Gope, who was the grand father of her deceased husband, Ram Autar Shastri. She succeeded her husband after his death. The price of the land was fixed at the rate of Rs. 23,000.00 per katha. An agreement for sale was entered into and executed on payment of Rs. 55,001.00 as baibeyana. The term of agreement is that in the event of any discrepancy the Society has right to realise from Sushila Devi entire money from her with interest and damage and, further, the final measurement of the land has not been done and the cost will be calculated on final measurement of area. The deed was signed on 18.12.2008 and the time was the essence of contract for a year. It is further alleged that on 10.03.1989 she, again, came and demanded money and Rs. 30,000.00 was paid which she acknowledged on stamp paper. It is further alleged that the Society pressed Smt. Sushile Devi for final measurement and ultimately the Society on 16.03.1989 proceeded to measure the land ex parte, but, on the spot one Janak Gope and Kuldip Gope, both cousins of late Ram Autar Shastri, namely, Pavitra Gope and Jawahir Gope and others came armed with lethal weapon and did not permit to measure the land and they stated that Ram Autar Shastri was an outsider and did not belong to the family. The geneology given disclosed that one Ramyad Gope had two sons, Kaloo Gope and Ramtahal Gope, Kaloo Gope had two sons, Jethu Gope and Sumer Gope, Jethu Gope died issueless and Most Dhanvantri Devi, wife of Jethu Gope remarried one Jagdish and Ram Autar Shastri born out of the wed lock of Jagdish and Dhanvantri and so did not fall in the family geneology of Kaloo Gope, Janak Gope and Kuldip Gope were sons of Sumer Gope. It is further alleged that on the same day the Secretary of the Society (Sneh Priya Sahkari Grih Nirman Samity) brought the entire matter to the knowledge of Smt. Sushila Devi and told that she has concealed the dispute over the land and so requested to give some other land in lieu of this land or return the money with interest and damage and then it is alleged that she admitted the family dispute and impressed that the family dispute will be resolved and, thereafter, the sale deed would be executed. On 30.07.1991 she handed over to the Secretary of the Society (Sneh Priya Sahkari Grih Nirman Samity) typed copy of the order sheet, dated 27.07.1991 of the Deputy Collector, Land Reforms, Danapur, passed in Case No. 8 of 1989-1990, which was in her favour. It is further alleged that the Society requested her to go on land for final measurement, but, she refused and then it is alleged that on 01.02.2006 the Secretary of the Society told to Smt. Sushila Devi that now she has received huge amount from services on her retirement and so return back the amount, but, she refused and then it is alleged that it was learnt that she has already sold 36 decimals of land by two sale deeds of 18 decimals each on 12.05.1994.