IMPORTANT POINT
The court established that criminal proceedings should not be initiated for disputes that are essentially civil in nature, and that the inherent powers under Section 482 of the Cr.P.C. can be invoked to prevent abuse of the judicial process.

JUDGMENT :

(Chandra Shekhar Jha, J.) :

1. Heard learned counsel appearing for the petitioner, learned counsel appearing for the opposite party no. 2 and learned APP appearing for the State.

2. The present petition is preferred for quashing of the order dated 12.02.2015 passed by the Learned Court of Sessions Judge, Muzaffarpur in Criminal Revision No. 73/2014, whereby the learned Sessions Judge has dismissed the revision application of the petitioner, which was directed against the order dated 07.02.2014 passed by the learned Judicial Magistrate, 1st Class, Muzaffarpur in connection with Complaint Case No. 1499/2012 (Tr. No. 3957/2014), whereby summons was directed to be issued against the petitioner under after finding a prima facie case for offences punishable under Sections 447, 323 and 341 of the Indian Penal Code.

3. The prosecution story in brief, instituted on the basis of the complaint petition dated 1.09.2012 by the complainant -Urmila Devi, is to the effect that the complainant is a widow, whose land is situated in Village-Laskaripur, bearing Khata No. 05, Khesra 1466, Area 10 decimals, which has been grabbed by the petitioner and he has been repeatedly pressurizing the complainant to get the land executed in his favour and has been threatening the complainant to kill her, if she does not do the same. It is then alleged that the complainant has made a complaint before the Inspector General of Police, Tirhut Zone, Muzaffarpur and the same was enquired into by the Inspector General of Police, which came within the knowledge of the petitioner and on the date of occurrence, when the complainant went on her land alongwith the witness no. 1, then all the accused persons began abusing and assaulting the complainant and then the petitioner threatened the complainant for having made a complaint before the I.G. of Police and threatened the complainant to get the land executed in his name, or else she would be killed, but on the intervention of the witnesses, the complainant could be saved. On the basis of the aforesaid allegations, Complaint Case No. 1499/2012 was instituted against the petitioner and other accused persons.

4. After going through material available on record and taking note of the statements of witnesses, learned trial court took cognizance for the offences punishable under Sections 447, 323 and 341 of the Indian Penal Code vide order dated 07.02.2014. Against said order of cognizance, petitioner preferred a revision application before the learned Court of Sessions Judge, Muzaffarpur, which was dismissed vide order dated 12.02.2015, as passed in Cr. Revision No. 73/2014, which is the impugned order for present proceeding.

5. Learned counsel appearing for the petitioner submitted that the present case is purely arises out of civil disputes, where first of all a complaint case was filed before learned C.J.M., Hajipur in year 2009 which has been registered as Complaint Case No. 498/2009, whichupon enquiry dismissed under Section 203 of the Code of Criminal Procedure (in short “Cr.P.C.”). Subsequent to said dismissal, O.P. No. 2 lodged a police case almost narrating the same version as raised earlier through complaint petition, where FIR was lodged with Hajipur Police Station and same has been registered as Hajipur P.S. Case No. 740/2009, where police after investigation submitted final form by exonerating petitioner and after a gap of three years a protest petition was filed, which was also dismissed, as a matter of third attempt the present complaint case was filed where the cognizance as aforesaid was taken by learned Judicial Magistrate against which a revision petition was preferred but same was dismissed by the learned Sessions Judge, Muzaffarpur as submitted above.

6. It is further submitted by learned counsel that O.P. No. 2 constructed a house in part under the Indira Awas Yojana over the land in issue but left the said house abandoned which flushed away due to heavy rain. It is also submitted that C.O. dur