1. This application under Section 482 Cr.P.C. by the sole accused against whom cognizance has been taken in Complaint Case No. CA 505/2006, by Sri R.S. Tiwary, the learned Chief Judicial Magistrate, Katihar, by order dated 11.4.2007, is for the quashing of the said order on the ground that the nature of issue raised therein happens to be absolutely civil and can be thrashed in a civil proceeding.

2. It is unfortunate that notwithstanding the Hon ble Apex Court as also this Court repeatedly and times without number deprecating and discouraging efforts of litigants to settle civil disputes and claims, which do not involve any criminal offence, by applying pressure through criminal prosecution, litigants still continue to resort to the same and the Subordinate Courts entertaining them unabated.

3. The factual matrix may be noticed briefly. The complainant, one Sanjay Singh @ Pintu Singh, son of Onkar Nath Singh, impleaded herein as O.P. No. 2, preferred the aforesaid complaint against the petitioner and his father on 18.3.2006, inter alia stating that his family has been residing in a house constructed over a part of plot no. 1684, khata no. 417 in Mauza Mirchaibari, since the