IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.4633 of 2022 ------

1. Sadik Bhagal Miyan Ansari @ Sadik Ansari, aged about 62 years, son of Late Bhagalu Ansari, resident of 102, village:- Ounra, Aunra, Anwar, P.O:- Ounra, P.S:- Bagodar, Dist:- Giridih

2. Taiyab Ansari, aged about 64 years, son of Late Bhagalu Ansari, resident of 102, village:- Ounra, Aunra, Anwar, P.O:- Ounra, P.S:-

Bagodar, Dist:- Giridih

3. Alam Ansari, aged about 34 years, son of Abbas Ansari, resident of Bagodar, village:- Oura, P.O.- Oura, P.S:- Bagodar, Dist:- Giridih

4. Asif Ansari, aged about 32 years, son of Abbash Ansari, resident of Bagodar, village:- Oura, P.O.- Oura P.S:- Bagodar, Dist:- Giridih … Petitioners Versus

1. The State of Jharkhand

2. Koresha Khatoon, aged about 66 years, wife of Karimbax Ansari, resident of Amra, P.O:- Amra, P.S.- Dumri, Dist.- Giridih … Opposite Parties ------

For the Petitioners : Mr. Suraj Prakash, Advocate For the State : Ms. Nehala Sharmin, Spl. P.P. (through V.C.)

For the O.P. No.2 : Mr. P. C. Sinha, Advocate ------

P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY By the Court:- 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, 1973 with the prayer to quash/set aside the entire criminal proceeding including the order dated 12.04.2021 passed by the learned Additional Chief Judicial Magistrate, Giridih in connection with Complaint Case No.2123 of 2019 whereby and where under the learned Additional Chief Judicial Magistrate, Giridih has found prima facie case for the offence punishable under Sections 420, 120B of the Indian Penal Code against the petitioners.

3. The allegation against the petitioners is that the petitioners, in criminal conspiracy with the co-accused persons, deceived the complainant, who is their sister by telling her that they will give her the amount of compensation of the joint property belonging to the common father of the petitioners and the complainant; and by so deceiving her fraudulently and dishonestly, induced the complainant to put her thumb impression on the relevant papers but did not pay her share from the total compensation amount of Rs.1,89,00,000/-. On the basis of the complaint, statement of the complainant on the solemn affirmation and the statement of the inquiry witnesses, the learned Additional Chief Judicial Magistrate, Giridih has found prima facie case for the offence punishable under Sections 420, 120B of the Indian Penal Code against the petitioners.

4. Learned counsel for the petitioners submits that the allegation against the petitioners is false. It is next submitted that the dispute between the parties is a civil dispute which has been given a cloak of criminal case. Hence, it is submitted that the prayer, as prayed for in the instant Cr.M.P., be allowed.

5. Learned Spl. P.P. appearing for the State and the learned counsel for the opposite party No.2 on the other hand vehemently oppose the prayer of the petitioners made in the instant Cr.M.P. and submit that the undisputed fact remains that if the allegations made against the petitioners in the complaint, statement of the complainant on solemn affirmation and the statement of the inquiry witnesses are considered to be true in their entirety then the offence punishable under Section 420 read with Section 120B of the Indian Penal Code is made out against the petitioners. It is next submitted that the only contention of the petitioners for quashing the entire criminal proceedings is that the allegation against them is false; which cannot be considered by this Court in exercise of its power under Section 482 of the Code of Criminal Procedure, 1973. Hence, it is submitted that this Cr.M.P., being without any merit, be dismissed.

6. Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, it is pertinent to mention here that it is a settled princ