The court holds that once disputes are settled through mediation, ongoing criminal proceedings may be quashed to prevent abuse of process.

JUDGMENT :

CHANDRA SHEKHAR JHA, J.

Heard learned counsel appearing on behalf of the parties.

2. The present application has been preferred by the petitioner for quashing the FIR of Begusarai Town (Lohiya Nagar) P.S. Case No. 63 of 2023 dated 23.01.2023 registered under Sections 406, 420, 341, 323, 386, 201, 504/34 of the Indian Penal Code.

3. The case of the prosecution in brief is that informant namely Mukhti Nath gave his undated written complaint to S.H.O (Lohiya Nagarr) О.Р Begusarai, stating therein that he is business man and he along with his wife used to give Rs. 17 lacs towards Income Tax per annum to Govt. It is further stated that he was in search of fresh/undisputed land near four lane at Village Pansalla. On 01.06.2022 Kunal Gaurav (petitioner), came to his house at Lohiya Nagar along with his three bodyguard and told him that he has 35 Katha of land in village-Pansalla near four lane. Then he along with Kunal Gaurav (petitioner) went to see the land at village- Pansalla. Kunal Gaurav identified the land by saying that this land of 35 katha belongs to him and he is ready to transfer the same in favour of informant. Then informant took 10 days time for purchasing the aforesaid land. It is further stated that Kunal Gaurav (petitioner) started making pressure on him for purchasing the land. According to informant in the month of April 2022, he has transferred/sold his land at village- Papraur and consideration amount received thereof were kept in his personal account and the accounts of his wife and mother. On persuasion of Kunal Gaurav, he became ready to purchase 35 katha of his land, who said him that presently he may registered sale deed in respect of 11 katha of land only and rest 24 katha of land will be transferred after one month. For total 35 katha of land, consideration amount Rs. 2 crore 8 lakhs and for filling the soil Rs. 11 lakh 80 thousand was agreed. It is further stated that while he understand anything, on the pressure made by Kunal Gaurav, he gave cheque issued by his wife and his mother in favour of Kunal Gaurav to the tune of total Rs. 1 Crore 98 lakh 80 thousand. All the aforesaid amounts were encashed in account No. 37482675380, which belongs to Kunal Gaurav. Besides this, informant also deposited Rs. 93 lakh cash on 13.06.2022 in the account No. 36144572944, which is in the name of Bimla warehouse. In this way total amount to the tune of Rs.2 crore 91 lakh and 80 thousand were paid in the account of Kunal Gaurav. Thereafter on 01.09.2022, 1 katha of land vide deed no. 8337 and 11 katha land vide deed no. 8336 were transferred by Kunal Gaurav in favour of wife of the informant namely Sudha Singh and mother namely Shakuntala Devi. It is further stated that on 10.09.2022 when informant visited purchased land at village Pansalla then the local persons informed him that this land does not belongs to him. Then he showed his sale deed, whereupon local persons told that Kunal Gaurav is not a genuine person and he has committed forgery with him. Kunal Gaurav has a share in the land only to the extent of 12 dhurs. It is further stated that informant immediately called him on phone but he did not received the call. Then he went to house but he was not allowed to meet him by his staff. Thereafter, he tried to resolve the issue with the help of respectable persons of the society but Kunal Gaurav was not ready for resolving the issue. It is further stated that on 21.01.2023 at about 10.30 A.M while he was walking in his campus, Kunal Gaurav and his three associates, who were armed with weapon entered into his house and said why are you repeatedly approaching my house. Then informant told him to return the entire consideration amount which