JUDGMENT :

HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

1. Heard the parties.

2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 Cr.P.C. with a prayer for quashing the entire criminal proceeding being P.C.R. Case No. 582 of 2022 including the order dated 13.03.2023, passed by the learned Sub Divisional Judicial Magistrate, Jamtara whereby and where under the learned Sub Divisional Judicial Magistrate has taken cognizance for the offences punishable under Section 406/420 of the Indian Penal Code.

3. The brief fact of the case is that the husband of the petitioner no.1 who is also the father of the petitioner no.2 & 4 and father-in law of petitioner no.3 entered into an agreement for sale of his land, the consideration amount of which is fixed at Rs.20,00,000/- and took an advance of Rs.2,00,000/- and told the complainant to deposit certain amount in the bank accounts of the petitioner no.1 to 4. The amount was deposited by the informant i.e. in total Rs.13,00,000/- but the husband of the petitioner no.1 namely Dr. Shashikant Dubey is neither returning the money nor executing the sale deed in respect of the land for which the agre