DARSHANA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) In this application, under Section 482 Cr.P.C., the petitioners have sought for quashment of the order dated 12.09.2017 passed in connection with Sri Krishnapuri P.S. Case No.206 of 2011 whereby the learned Judicial Magistrate, 1st Class, has refused the prayer of the petitioners to discharge.

(3.) The challenge is on the ground that the facts alleged makes out a case of out and out a civil dispute. However, to settle the score Opposite Party No.2 has abused the process of Court by filing a criminal proceeding. Consistent judicial pronouncements are there that civil disputes should not be allowed to be settled through a criminal proceeding. The impugned order has further been challenged on the ground that initially Complaint Case No.2379(C) of 2011 was filed by Opposite Party No.2 without making statement on oath regarding compliance of the requirement of Section 154(3) Cr.P.C. and the learned Magistrate acted in a mechanically way without application of judicial mind; and without going through the complaint petition which discloses a pure civil dispute between the parties, send the matter for police investigation in exercise of power under Section 156(3) Cr.P.C. As such, there is non-compliance of the mandate of law and the guidelines of the Hon'ble Supreme Court in Priyanka Srivastava and Another Vs. State of Uttar Pradesh and others reported in (2015) 6 Supreme Court Cases 287.