The court emphasized that civil disputes should not be disguised as criminal offences and quashed the proceedings due to lack of prima facie evidence and malafide intention.

JUDGMENT :

Chandra Shekhar Jha, J.

1. Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The present quashing petition has been preferred to quash the impugned order dated 29.08.2005 passed in Complaint Case No. 67 of 2004, where learned Sub-Divisional Judicial Magistrate, Raxaul took cognizance for the offences punishable under sections 147 and 323 of the Indian Penal Code against the petitioner.

3. Notice duly served upon O.P. No. 2 but he fails to join the present proceedings.

4. From the crux of complaint petition it appears that the land mentioned in the complaint petition was the khatiyani land of the Sushil Sikaria for which rent receipts were also being issued in the name of the complainant. Sushil Sikaria, as per complaint, any how wanted to capture the land in question. Complainant used to live on the land by making a hut. 15-16 days before the date of occurrence Sushil Sikaria took the police into confidence and assaulted the family members of the complainant and took away jwellery, Rs. 1200/- and hut was also demolished. The complainant filed an application before the Sub Divisional Officer, Raxaul on 16.03.2004. When no action was taken Sushil Sikaria on 25.03.2004 at about 2 AM came along with 20 -25 persons equipped with arms and removed the hut of the complainant, assaulted him and his family members and took away the utensils and Rs. 1000/-. Again the accused persons came to the hut of the complainant on 27.03.2004, assaulted the complainant and his family members, burnt the hut in which household goods, utensils were burnt, where complainant suffered loss of Rs. 2000/-.

5. It is submitted by learned counsel appearing on behalf of petitioner that no such occurrence took place as alleged through complaint, and so, present complaint petition is completely false and fabricated. It is submitted that as complainant lost his case through Title Suit No. 185 of 1993 and Title Appeal No. 43 of 2010, the present false criminal case was lodged. It is submitted that as per Block Development Officer (BDO) report no such hutment as alleged by complainant was found on the disputed piece of land and as such allegation, prima facie, appears false on its face. It is submitted that to settle the score, civil dispute was given color of criminal case, by O.P. No. 2. While concluding the argument it is submitted that present complaint petition is nothing but a case lodged under malafide intention, where no prima facie, case appears to be made out as alleged under Section 147 and 323 of the IPC.

6. Learned counsel referred to the legal report of Hon’ble Supreme Court in the case of Usha Chakraborty and Another Vs. State of West Bengal and Another as reported in (2023) SCC Online SC 90.

7. Learned APP appearing on behalf of State, while opposing the application submitted that to make out, prima facie, case under Section 323 of the IPC no injury report is required and mere hurt is sufficient, therefore cognizance for offence under Sections 147 and 323 of the IPC not appears prima facie, bad in the eyes of law.

8. It would be apposite to reproduce the paragraph no(s). 6, 7, 8, 9 and 10 as reported through Usha Chakraborty case (supra), which reads as under:

6. In Paramjeet Batra v. State of Uttarakhand , this Court held:—

“12. While exercising its jurisdiction under Section 482 of the Code of the High Court has to be cautious. This power is to be used sparingly and only for the purpose of preventing abuse of the process of any court or otherwise to secure ends of justice. Whether a complaint discloses a criminal offence or not depends upon the nature of the facts alleged therein. Whether essential ingredients of criminal offence are present or not has to be judged by the High Court. A complaint disclosing civil transactions may also have a criminal texture. But the High Court must see whether a dispute which is essentially of a civil nature is given a cloak of criminal offence. In such a situation, if a civil rem