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
- Code of Criminal Procedure, 1973 — s. 107
- Indian Penal Code — s. 147, 148, 323, 354, 379, 504
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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