The court determined that allegations against the petitioners were devoid of any criminal basis, equating the matter to a civil dispute, thus quashing the criminal proceedings.

JUDGMENT :

ANIL KUMAR CHOUDHARY, J.

I.A. No.9478 of 2024

Heard the parties.

Learned counsel for the petitioners submits that this interlocutory application has been filed for early hearing of this Criminal Miscellaneous Petition.

Since, the hearing of this Criminal Miscellaneous Petition is taken up today, hence, this interlocutory application stands disposed of being infructuous.

Cr.M.P. No.3359 of 2025

This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the prayer to quash the entire criminal proceeding in connection with Complaint Case No.2703 of 2014 including the order dated 04.03.2015 passed by the learned Judicial Magistrate, Dhanbad whereby and where under the learned Judicial Magistrate, Dhanbad has found prima facie case for the offences punishable under Sections 323, 341, 403, 406, 417, 421, 423, 424, 465 and 120B of the Indian Penal Code and passed summoning order.

2. The case of the complainant in brief is that the complainant and the accused Nos.1 to 5 of the complaint case are co-sharers of a joint Hindu Family. The co-accused persons made repeated attempts to alienate the joint property by deceptive means and fraudulent acts of commission and omissions. There is specific allegation against the co- accused Devendra Kumar Agarwalla, who is not a petitioner in this Cr.M.P. and the deceased family member namely Parmeshwar Agarwalla of preparing an affidavit by a fake person for selling the property in the name and style of Jharia House situated at Kolkata. It is the admitted case of the complainant that the said Devendra Kumar Agarwalla and Parmeshwar Agarwalla were the persons responsible for selling of the joint property fraudulently behind the back of the complainant. The only allegation against the petitioner No.1 is that the co-accused namely Devendra Kumar Agarwalla sold the joint property to the petitioner No.1 and misappropriated the proceeds thereof. Though the accused No.2 in connivance with the accused Nos.1, 3 and 4; none of whom are petitioners in this Cr.M.P., have failed to comply with the order of the Hon’ble High Court of Calcutta, in respect of Jharia House Property, belonging to H.D. Agarwala Trust; which ought to have been transferred to the complainant and they have given a false declaration under oath to defraud the court and the complainant. The complainant, consequent upon the failure of the accused Nos.1 to 5 of the complaint; none of whom are petitioners in this Cr.M.P., to partition the joint property, has filed Title (Partition) Suit No.151 of 2013 in the court of Civil Judge, Senior Division-I, Dhanbad. There is further allegation against the petitioners that the petitioners have purchased the joint family property in the name and style of M/s Anup Malleables Limited. There is also allegation that the accused Nos.3 and 4 caught hold of the complainant when he intended to enter inside the said premises after the same being sold and the accused No.2 of the complaint, slapped the complainant and the accused Nos.5 and 6 were present there by holding iron rods. There is specific allegation that the accused Nos.1 to 5 of the complaint, from the very beginning had the intention to transfer and alienate the said company along with other valuable assets. The learned Judicial Magistrate, Dhanbad, basing upon the complaint, statement of the complainant on solemn affirmation and the statement of the inquiry witnesses found prima facie case against the petitioners; including all the accused persons of the case for having commit