SUCHITA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application under Sec. 482 of the Code of Criminal Procedure (in short as the Code) has been filed for quashing the order dated 5.5.2006 passed by learned Sub - divisional Judicial Magistrate, Bettiah in Complaint Case No. 631 C of 2006, whereby and whereunder he has taken cognizance of the offence under Sections 420, 467, 468 and 471 of the Indian Penal Code and directed for issuance of processes against accused persons.

(2.) IT appears that the complainant opposite party No.2 Bharat Rai on 7.4.2006 filed a petition of complaint vide Complaint Case No. 631C of 2006 in the court of Chief Judicial Magistrate, Bettiah, West Champaran against the petitioner and two others for offences punishable under Sections 406,420, 466, 467, 468 and 471 of the Indian Penal Code. In the complaint petition it has been alleged that the complainant Bharat Rai purchased 11 kathas of land by way of four registered sale deeds from accused Mohan Kuer @ Mohan Kumar on 19.2.1998 after paying the price of the same. The sale deeds were executed in the name of complainant, his wife and his two sons. After purchase the complainant came in possession over the entire area of 11 kathas. It is said that after executing the sale deeds, accused No. 1 Mohan Kuer @ Mohan Kumar in collusion with other accused persons prepared a family partition deed dated 18.1.1981. He also brought into existence Mohadanama dated 20.11.1987 with ulterior motive. It is further alleged that accused Mohan Kuer @ Mohan Kumar acquired the land in question in his name in the year 1980 which would be apparent from the contents of the sale deed executed by one Md. Ashique. Thus it is said that accused persons are using forged and fabricated documents as genuine documents against the complainant.

(3.) IT has been contended by the learned counsel that petitioner Suchita Devi, wife of accused Mohan Kuer @ Mohan Kumar neither executed the sale deed nor did anything which would attract the ingredient of any offence against her. He further contended that Ramchandra Singh who is brother -in -law of Mohan Kuer @ Mohan Kumar has filed Partition Suit No. 5/97 in which the 1/1/2013 Page 129 Suman Kumar Verma Versus Union Of India complainant, complainant 'swife and his sons including the petitioners have been made as defendants. The land transferred by accused Mohan Kuer @ Mohan Kumar in favour of complainant Bharat Rai and his family members is also a part of the suit property. In the partition suit it is the case of the plaintiff that in the family arrangement, out of 11 kathas of land of plot No.45, 3,