LAWS(PAT)-2017-8-97

SHAKUNTALA KUMARI VERMA Vs. STATE OF BIHAR

Decided On August 23, 2017
Shakuntala Kumari Verma Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) The instant application for quashing the order dated 19.04.2014 passed by Sri Uma Shankar, Judicial Magistrate, 1st Class, Danapur in Complaint Case No. 1284 (C) of 2012 has been filed by the petitioner basically on the ground that the present case is a civil dispute and the opposite party no.2 has given a cloak of criminal offence and as such the present case is an abuse of the process of law and as such this Court in exercise of the jurisdiction under Section 482 Cr.P.C. should interfere in the matter.

(2.) Counsel for the opposite party no.2 on the contrary submitted that the scope of interference under Section 482 Cr.P.C. is very limited and the Court should exercise this jurisdiction very sparingly.

(3.) The instant case originated out of dispute as to partition of joint family property between the petitioners and opposite party no.2. The partition suit, bearing Partition Suit No. 112 of 1986, was compromised by the opposite party no.2 without impleading the husband of petitioner no.1, who was coparcener/cosharer in the joint family. The husband of petitioner no.1 filed Misc. Case No. 4 of 2006 for setting aside the decree in the Partition Suit No.112 of 1986 on the ground that he was not made party in the Partition Suit, although he was necessary party being the member of the family. The learned Sub-Judge-II, Patna vide order dated 24.09.2010 set aside the judgment passed in the Partition Suit on compromise and thereafter a civil revision was preferred before this Court by the opposite party no.2, being Civil Revision No. 769 of 2010 and this Court dismissed the Civil Revision vide order dated 30.11.2011. The Apex Court also dismissed the S.L.P preferred by the opposite party no.2 and another against the order of this Court in C.R. No. 769 of 2010 vide order dated 13.07.2012.