BUDHANI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 18.01.2014 passed by the learned Chief Judicial Magistrate, Madhubani, in C.R. No. 1605 of 2012 by which the learned Magistrate has after holding enquiry found prima facie case against the petitioners for the offences under Sections 323, 379 and 504 of the Indian Penal Code.

(2.) Heard learned counsel for the petitioners and State.

(3.) It has been submitted on behalf of the petitioners that it is a matter of purely civil dispute. The petitioner No. 1 is coming in exclusive possession of the land in question. The land in question was purchased by husband of petitioner No. 1 by a registered sale deed dated 25.01.1977 (Annexure-2). Thereafter, proceeding under Section 145 Cr. P.C. was also initiated with respect to the aforesaid land and the learned Magistrate by order dated 4.11.2012 found possession of these petitioners over the land in M.R. Case No. 254 of 2012 (Annexure-4). The rent receipt is also issued in favour of the husband of the petitioner No. 1 (Annexure-5).