SHARFA ZINAT @ RUHI 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 04.08.2011 passed by the Judicial Magistrate, 1st class, Jehanabad, in Complaint Case No.966 of 2010 by which the learned Magistrate after holding enquiry has found prima facie case against the accused persons named in the Complaint Petition for the offence under Section(s) 417, 504, 406/34 Indian Penal Code.

(2.) It has been submitted on behalf of the petitioner that with regard to same land Title Suit was also filed by the complainant vide Title Suit No.189 of 2010, which was disposed off by judgment dated 01.11.2014 on the basis of compromise. It has further been submitted that from the nature of allegation the dispute is purely civil in nature and continuance of the criminal proceeding is bad in law.

(3.) It is alleged in the Complaint Petition that the land as mentioned in the Complaint Petition was in possession of the complainant. It is mentioned in the Complaint Petition that Accused No.1 was brother-in-law (Bahnoi) of the complainant and Accused No.2 is the own sister of the complainant. The complainant talked to the accused persons in the year 2003 with regard to sale of her three decimal land and sold the same in the year 2003. In the year 2010, Accused No.2 (petitioner) came to the house of the complainant and said that she is negotiating for sale of the house in which complainant is residing and has called her husband from Arab for that purpose. The complainant became surprised and obtained certified copy of the sale deed through her lawyer and learnt that in the year 2003, by adopting unfair means, the accused persons got sale deed executed, with respect to the house of the complainant, whereas, the complainant wanted to sell her land. Thereafter, instant case has been filed.