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CHANDRA SHEKHAR JHA
Triveni Prasad Mandal S/o Prayag Mandal – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
Heard learned counsel for the petitioners and learned counsel for the respondents.
2. The present quashing petition has been preferred to quash the order dated 27.07.2015 passed in C.A. No. 2293 of 2014, where learned Judicial Magistrate, Ist Class Katihar took cognizance for the offences punishable under Sections 418, 323, 379/34 of the Indian Penal Code (in short IPC) against the petitioners.
3. Opposite Party No. 2 fails to join the present proceedings.
4. From the crux of complaint petition it appears that one Jitendra Yadav filed a complaint case before learned Chief Judicial Magistrate, Katihar, alleging that Triveni Pd. Mandal made agreement for sale of a piece of land measuring 4 Acre 2 Kari of Mouja Pokharia, P.S.- Dandhora, Jamabandi No. 217, Thana No. 73, Khata No- 109, Khesra No- 98,47,46,102,103 and 17. It is further stated that Rs. 3 Lacs (Three lacs) price was fixed for land and Rs. 1.5 lacs was paid at the time of agreement and Rs. 1.5 lacs was to be paid at the time of execution of sale deed. When accused/petitioners demanded remaining Rs. 1.5 lacs, complainant alongwith his brother-in-law went to Triveni Mandal's house for payment of remaining amount. All a
The court quashed criminal proceedings as the allegations did not disclose a cognizable offence and were deemed an abuse of process, emphasizing the distinction between civil and criminal disputes.
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....
The court established that criminal proceedings should not be used as a tool for harassment in civil disputes, and that the existence of a civil remedy precludes the initiation of criminal proceeding....
A complaint must clearly disclose a cognizable offence; failing this, the court can quash criminal proceedings to prevent abuse and ensure justice.
(1) A bonafide criminal case cannot be stifled at threshold by High Court.(2) In order to examine as to whether factual contents of FIR disclose any cognizable offence or not, High Court cannot act l....
The SC/ST Act should not be invoked for civil disputes, and criminal proceedings must not be misused for personal vendettas.
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