This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 30.07.2013 passed by the Judicial Magistrate, 1st class, Motihari, East Champran, in Trial No. 4898 of 2013 arising out of Complaint Case No. 222 of 2012 by which the learned Magistrate after holding enquiry has found prima facie case against the Petitioners for the offence under Sections 417 Indian Penal Code.

2. The Complainant’s case, in short, is that the land as mentioned in the Complaint Petition are Khatiyani land of the Complainant which he got from decree of Court passed in Title Suit No. 260 of 2006. The accused persons had knowledge of the aforesaid decree as they had also appeared in Title Suit No. 260 of 2006. Accused Nos.1 and 2 in spite of aforesaid knowledge has executed sale deed with respect to aforesaid land to Accused No.4 and 5 on which Accused Nos.3 and 6 are witnesses. The Complainant enquired from the accused persons then they gave threat to the Complainant and refused to settle the matter.

3. Counsel for the Petitioners has submitted that it is a matter of purely civil dispute. Title Suit No. 260 of 2006 is still pending and no decree has