A criminal proceeding cannot be sustained where allegations do not establish an offense, reflecting a purely civil dispute.

JUDGMENT :

CHANDRA SHEKHAR JHA, J.

1. Heard Mr. Anshuman Singh, learned counsel appearing for the petitioners, Mr. Vijay Kumar, learned counsel for the opposite party no.2 and Mr. Raj Ballabh Singh, learned A.P.P. for the State.

2. This application has been preferred under Section 482 of the Code of Criminal Procedure (in short, the ‘Cr.P.C.’) for quashing of the First Information Report (in short, the ‘F.I.R.’) of Muzaffarpur Sadar P.S. Case No. 44 of 2023 registered for the offences punishable under Sections 406 , 420, 120B and 34 of the Indian Penal Code , pending in the court of learned Chief Judicial Magistrate, Muzaffarpur.

3. The brief facts of the case, as alleged in the FIR, is that the informant (O.P. No.2) came in contact with the petitioners along with other accused persons in course of business, where accused persons told the informant that a football match was going to be held at Dubai, in which he may invest money for good return. The petitioners are running a company in the name and style of M/s Mehar Miracles Pvt. Ltd, where other accused persons are connected with M/s Aranca Mumbai Pvt. Ltd. It is alleged that all the accused persons including the petitioners asked the informant to invest Rs. 1 Crore and said that Rs. 1 Crore 50 Lakhs would be returned within six months. On 09.01.2017, an agreement was executed between the parties and a guarantee agreement was also drawn, in which it was decided that, in the event, the money could not be paid within six months, then, the informant would be entitled to get 4% interest per month. Thereafter, petitioner no. 1 put his signature as Director of M/s Mehar Miracles Pvt. Ltd. on the agreement. The informant further alleged that he had invested Rs. 1 Crore as per agreement and petitioners started making payment @ Rs. 6,90,000/- per month upto 11.10.2017, and thereafter, they stopped making payment to the informant and when the informant requested the petitioners and other accused persons for payment, they promised him that payments shall be made later on. The informant alleged that the amount of Rs. 1 Crore have now become Rs. 4 Crore with interest and guarantor is denying to fulfill the guarantee. The informant alleged that the accused persons including petitioners have cheated on him.

4. On the basis of above written statement the aforesaid F.I.R. has been registered against the petitioners and other named accused persons.

5. Mr. Anshuman Singh, learned counsel appearing for the petitioners submitted that the informant (O.P. No.2) has concealed the fact that he had filed a Complaint Case No. 202/2019 before the learned Chief Judicial Magistrate, Muzaffarpur, where after recording of statement of the complainant on S.A. and considering the evidence of enquiry witnesses, complaint petition was dismissed for the reasson that allegation do not make out any criminal offence and is purely a civil dispute arising out of contractual liability, whereafter, the informant preferred Cr. Revision No. 139/2020, which also stood dismissed vide order dated 18.08.2023 by the learned 3^rd Additional Sessions Judge, Muzaffarpur.

6. The order dated 10.07.2020 passed in Complaint Case No. 202/2019 by the learned Chief Judicial Magistrate, Muzaffarpur and order dated 18.08.2023 passed by the learned 3^rd Additional Sessions Judge, Muza Revision No. 139/2020, are being reproduced hereunder for ready reference:-

“In The Court Of Chief Judicial Magistrate, Muza CI 2021/19

“10.07.20 Attendance has been filed for the complainant Bikram Kumar in this case which has been produced for orders after i