The absence of allegations substantiating criminal offences necessitates quashing of the FIR, thereby preventing abuse of legal process.

JUDGMENT :

ANIL KUMAR CHOUDHARY, J.

1. Heard the parties.

2. This Writ Petition has been filed invoking the jurisdiction of this Court under Article 226 of the Constitution of India with a prayer to quash the entire criminal proceeding including the First Information Report in connection with Deoghar (Town) P.S. Case No.551 of 2020 and the said case is now pending in the court of the learned Chief Judicial Magistrate, Deoghar.

3. Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioners in furtherance of common intention along with the accused persons being the vendors of the land, the petitioner no.1 got executed sale-deed bearing no. 131 dated 31.01.2020, petitioner no.2 got executed sale deed bearing no. 70 dated 21.01.2020 and the petitioner no.3 got executed sale deed bearing no. 71 dated 21.01.2020 in the Office of Sub-Registrar, Deoghar suppressing the fact that the vendors have submitted before the Co-ordinate Bench of this Court that the contesting respondents of that case who were the vendors of the petitioners, have assured that there is no proposal to transfer the suit land by them and they shall not transfer the suit property henceforth. Accordingly, the Co-ordinate Bench of this Court disposed of the matter by directing the parties not to transfer any portion of the suit property and not to change/alter the topography, nature, situation, and position of the suit land during the pendency of this appeal without taking prior permission of the court.

4. It is next submitted by the learned counsel for the petitioners drawing attention of this Court to the judgment dated 11.01.2024 passed by the Coordinate Bench of this court in W.P.(C). No.4928 of 2022 along with other cases by which the order for institution of the First Information Report, on the basis of which the Deoghar (Town) P.S. Case No.551 of 2020 has been registered, has been set aside. It is next submitted that otherwise also the offence punishable under Sections 420, 406, 467, 468, 471, 34 of the Indian Penal Code is not made out against the petitioners as there is no allegation of cheating or any criminal breach of trust or forgery having been committed by the petitioners. Hence, it is submitted that the prayer as prayed for in this writ petition be allowed.

5. Learned SC IV appearing for the State on the other hand vehemently oppose the prayer of the petitioners but fairly submits that the order of the District Registrar-cum-Deputy Commissioner, Deoghar dated 12.07.2020 in Misc. Case No.04 of 2020-21 on the basis of which the First Information Report in connection with Deoghar (Town) P.S. Case No.551 of 2020 has been registered, has been set aside by the Co-ordinate Bench of this Court.

6. Learned SC IV appearing for the State further submits that the State has filed L.P.A. No.339 of 2024 against the order; by which the order of the Deputy Commissioner has been quashed. Hence, it is submitted that this writ petition, being without any merit, be dismissed.

7. Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, this Court is of the considered view that the petitioners are the purchaser of the lands. There is no allegation that the petitioners have cheated anybody and thereby induced anybody to deliver any property. So, the offence punishable under Section 420 of the Indian Penal Code is not made out against the petitioners. In the absence of any allegation against the petitioners of dishonest misappropriation of any property entrusted or having dominion of the offence punishable under Section 406