P.S. VEENA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Section 482 Cr.P.C., 1973 has been filed for quashing the order dated 08-08-2008 passed by the learned Judicial Magistrate,1st Class, Begusarai, in Complaint Case No. 585c/2008 by which the learned Magistrate has, after enquiry, found prima facie case for the offences under Sections 418, 419 and 465 of the Indian Penal Code against the petitioners.

(2.) Learned counsel for the petitioners has submitted that Title Partition Suit No. 84 of 2008 is already pending between the parties for setting aside the sale deed executed by petitioner No. 2 in favour of Lalita Devi, which is alleged to have been executed illegally by committing fraud. It has further been submitted that Succession Certificate has been granted in Succession Certificate Case No. 15 of 2004 in favour of the petitioners on the basis of no objection filed by the complainant. In Title Suit No. 84 of 2008 filed by the complainant, the petitioners have been made as defendants and they have already appeared in the Suit and contesting the suit.

(3.) Learned counsel for the petitioners has submitted that the proceeding in respect of one of the accused Lalita Devi in whose favour sale deed was executed by Pushpa Singh has already been quashed by a co-ordinate Bench of this Court on 02.02.2011 in Cr. Misc. No. 5094 of 2009.The dispute is totally civil in nature and there is no ingredient of the offence under Sections 418, 419 and 465 IPC.