Smt. Nilu Agrawal, J.

1. Heard learned counsel for the petitioners, learned counsel for opposite party no.2 and the learned counsel for the State.

2. The present application has been filed under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the "Cr.P.C.") for quashing of the order dated 04.10.2010 passed in Compliant Case No. C-1 of 2009 (Kamalawati Devi v. Ramjee Giri & others) whereby and where under cognizance has been taken against the petitioners and not against Ramjee Giri, for offence punishable under Sections 323 and 379/34 of the Indian Penal Code, as well as for quashing of the entire proceeding against them in the aforesaid case.

3. In short, the brief facts of the case is that a complaint case was lodged on 02.01.2009 by the complainant, namely, Kamalawati Devi before the Court of the learned Chief Judicial Magistrate, Buxar against four persons, namely, Ramjee Giri, Ram Niwas Giri, Jai Prakash Giri and Sri Niwas Giri stating therein that one Ramjee Giri, full brother of the petitioners being pleased with the services of the complainant had gifted a piece of land pertaining to Mauza - Zalilpur, Thana - Rajpur, Thana No. 71, Khata No. 1