JUDGMENT :

ANIL KUMAR CHOUDHARY, J.

Heard the parties.

2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with a prayer to quash and set aside the entire criminal proceedings including the order dated 31.03.2017 passed in C.P. Case No.2621 of 2016 by the learned Judicial Magistrate-1st Class, Dhanbad whereby and where under the learned Judicial Magistrate-1st Class, Dhanbad has found prima facie case for the offence punishable under Sections 420, 385, 504 read with Section 34 of the Indian Penal Code and the said case is now pending in the court of learned Judicial Magistrate-1st Class, Dhanbad.

3. The brief fact of the case is that the petitioner No.1 is the brother of the complainant and the petitioner No.2 is the son of the petitioner No.1. There has not been any partition in the joint family of the petitioner No.1 and the complainant. The petitioner No.1 as Karta of the joint family property, has executed a sale-deed in respect of the joint family property claiming that the property sold is his own property and the petitioner No.1 is also claiming that there has been partition in the joi