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Patna High Court

CHANDRAMA SHARMAversusThe State of Bihar

Decided
Disposal
ALLOWED
Bench
ANSUL

Holding

The petition is allowed and the order dated 28‑05‑2021 of the Additional Chief Judicial Magistrate is quashed.

Summary

The Sharma family filed a petition seeking to quash an order dated 28‑05‑2021 of the Additional Chief Judicial Magistrate, XIV, Gopalganj, which had taken cognizance against them under IPC sections 147, 148, 323, 354, 379 and 504 for alleged assault and extortion. The informant alleged that the accused threatened to demolish his house, assaulted him and snatched money. The petitioners contended that the matter stemmed from a land dispute, noting a related civil suit (Barauli P.S. Case No.136 of 2019) and a pending criminal case under Section 107 CrPC, and argued that the criminal proceedings were an improper conversion of a civil dispute. The Court, relying on precedents such as Anand Kumar Mohatta v. State (NCT) (2019) 11 SCC 706 and Indian Oil Corp. v. NPEC (India) Ltd. (2006) 3 SCC (Cri) 188, held that using criminal prosecution to settle a civil claim is discouraged. Consequently, the petition was allowed and the magistrate’s order was quashed.

Issues considered

  • Whether the criminal proceedings under the listed IPC sections are maintainable when the underlying dispute is essentially civil (a land dispute).
  • Whether the order taking cognizance by the Additional Chief Judicial Magistrate should be quashed on the ground of abuse of process.

Legislation cited

Subjects

  • criminal law
  • civil dispute
  • land dispute
  • quash petition
  • abuse of process
  • IPC
  • Section 107 CrPC
  • preliminary inquiry

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16025 of 2022
                     Arising Out of PS. Case No.-261 Year-2019 Thana- BARAULI District- Gopalganj
                 ======================================================
           1.     CHANDRAMA SHARMA Son of Late Kapildeo Sharma Resident of
                  Village - Belsand Tiwari Tola, P.S.- Brauli, District - Gopalganj.
           2.    Anil Sharma Son of Chandrama Sharma Resident of Village - Belsand
                 Tiwari Tola, P.S.- Brauli, District - Gopalganj.
           3.    Sunil Sharma Son of Chandrama Sharma Resident of Village - Belsand
                 Tiwari Tola, P.S.- Brauli, District - Gopalganj.
           4.    Dhanil Sharma Son of Chandrama Sharma Resident of Village - Belsand
                 Tiwari Tola, P.S.- Brauli, District - Gopalganj.
           5.    Govind Kumar Sharma Son of Chandrama Sharma Resident of Village -
                 Belsand Tiwari Tola, P.S.- Brauli, District - Gopalganj.
           6.    Indu Devi Wife of Chandrama Sharma Resident of Village - Belsand Tiwari
                 Tola, P.S.- Brauli, District - Gopalganj.
           7.    Guria Devi Wife of Anil Sharma Resident of Village - Belsand Tiwari Tola,
                 P.S.- Brauli, District - Gopalganj.
           8.    Mala Devi Wife of Sunil Sharma Resident of Village - Belsand Tiwari Tola,
                 P.S.- Brauli, District - Gopalganj.

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar Bihar
           2.    Bharat Sah S/O- Jagarnath Sah R/O-Belsand, P.S- Barauli, (Madhopur O.P),
                 Dist-Gopalganj

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Amir Alam, Advocate
                 For the Opposite Party/s :       Mr. Dr. Indiwar Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

7   16-03-2026                   Heard the parties.

                                2. This application has been filed for quashing the

                   order dated 28.05.2021 passed by learned Addl. Chief

                   Judicial Magistrate, XIV, Gopalganj whereby cognizance

                   has been taken against the petitioners under Sections 147,
Patna High Court CR. MISC. No.16025 of 2022(7) dt.16-03-2026
                                            2/3




          148, 323, 354, 379, 504 of the Indian Penal Code.

                       3. The allegation is that the informant states that

          while he was returning from shop, the accused persons

          along with other came and told him that they will demolish

          his house and thereafter, they assaulted and money was

          snatched.

                       4. The learned counsel for the petitioner submits

          that the matter essentially relates to land dispute and

          petitioner No.3, Sunil Sharma, had filed Barauli P.S. Case

          No.136 of 2019 which clearly shows that there is existence

          of land dispute between the parties. The case under Section

          107 Cr.P.C. also going on between the parties.

                       5. Considering the matter which is essentially is

          civil dispute, as has been held in the case of Anand Kumar

          Mohatta v. State (NCT) (2019)11 SCC 706, has been

          given criminal colour.                  In the case of Indian Oil

          Corporation Vs. NPEC (India) Ltd. (2006) 3 SCC (Cri)

          188, it was observed that any effort to settle dispute and

          claims, which don’t involve any criminal offence by

          applying pressure through criminal prosecution should be

          deprecated and discouraged.
            Patna High Court CR. MISC. No.16025 of 2022(7) dt.16-03-2026
                                                        3/3




                      The Court noticed a growing trend in business circle to covert

                      purely civil dispute into criminal cases.

                                   6. In view of the above legal settled principle of law

                      and in view of the facts as stated above, this petition is

                      accordingly allowed and the order dated 28.05.2021 passed by

                      learned Additional Chief Judicial Magistrate-XIV, Gopalganj is

                      quashed.



sanjeev/-                                                                  (Ansul, J)
U


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