RAKESH KUMAR @ PINTU SINGHversusThe State of Bihar

    IN THE HIGH COURT OF JUDICATURE AT PATNA
           CRIMINAL MISCELLANEOUS No.17945 of 2023
      Arising Out of PS. Case No.-445 Year-2022 Thana- KHAIRA District- Jamui
======================================================
1. Rakesh Kumar @ Pintu Singh, aged 36 years (male), son of Late Bachchu
Singh, resident of Village – Tihiya, Police Station – Khaira, District – Jamui
(Bihar)
2. Shivam Kumar, aged about 20 years (male), S/o Late Pawan Singh,
resident Village – Mahindarpur, Police Station – Hathidah, District – Patna
(Bihar)

                                                                 ... ... Petitioner/s
                                      Versus
The State of Bihar

                                       ... ... Opposite Party/s
======================================================
                          with
        CRIMINAL MISCELLANEOUS No. 18773 of 2023
      Arising Out of PS. Case No.-445 Year-2022 Thana- KHAIRA District- Jamui
======================================================
Mantu Singh, aged about 40 years (male), son of Late Bachchu Singh,
resident of Village- Tihiya, Police Station – Khaira, District – Jamui (Bihar)

                                                                 ... ... Petitioner/s
                                      Versus
The State of Bihar

                                       ... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 17945 of 2023)
For the Petitioner/s :  Mr. Saket Gupta, Advocate
For the State        :  Mr. Shailendra Kumar, APP
For the Informant    :  Mr. Pankaj Kumar Sinha, Advocate
(In CRIMINAL MISCELLANEOUS No. 18773 of 2023)
For the Petitioner/s :  Mr. Saket Gupta, Advocate
For the State        :  Mr. Shyameshwar Dayal, APP
For the Informant    :  Mr. Pankaj Kumar Sinha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
                ORAL JUDGMENT
 Date : 01-05-2026

             Heard learned counsel for the petitioners, learned

counsel for the Informant and learned Additional Public Prosecutor

for the State.
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          2. Petitioners seek quashing of the FIR of Khaira P.S.

Case No. 445 of 2022 dated 17.11.2022 instituted for the offences

under Sections 341, 323, 445, 379, 506 and 504 read with Section

34 IPC pending before the concerned Court, Jamui.

          3. The allegation against the petitioners is of assault

while entering into the house and committing dacoity in the house

of the informant. Further allegation is that one of the Petitioners,

Mantu Singh had purchased the adjacent land of the informant and

he was creating obstacles. The petitioners of Cr. Misc. No. 17945

of 2023 are brothers of Mantu Singh and they are working as

Advocate Clerks in Patna High Court and the petitioner, Mantu

Singh of Cr. Misc. No. 18773 of 2023 is the purchaser of the land.

          4. Learned counsel for the petitioners submits that they

have brought on record the case earlier filed by them and Section

107 Cr.P.C. proceeding was contested between the parties. The

case thus turns out to be purely a case of land dispute which is

being given criminal colour for creating pressure upon them. It is

further accentuated by the fact that the informant is said to have

filed Title Suit No. 98 of 2023 which was dismissed under order

VII Rule XI on 24.01.2024. Learned counsel for the petitioners has

relied upon the judgment of Hon’ble Supreme Court rendered in

the case of Indian Oil Corporation vs. NEPC India Limited and
             Patna High Court CR. MISC. No.17945 of 2023 dt.01-05-2026
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Ors. reported in (2006) 6 SCC 734. The relevant paragraph 13

reads as under:-

                     “13. While on this issue, it is necessary
          to take notice of a growing tendency in business
          circles to convert purely civil disputes into
          criminal cases. This is obviously on account of a
          prevalent impression that civil law remedies are
          time consuming and do not adequately protect the
          interests of lenders/creditors. Such a tendency is
          seen in several family disputes also, leading to
          irretrievable breakdown of marriages/families.
          There is also an impression that if a person could
          somehow be entangled in a criminal prosecution,
          there is a likelihood of imminent settlement. Any
          effort to settle civil disputes and claims, which do
          not involve any criminal offence, by applying
          pressure through criminal prosecution should be
          deprecated and discouraged. In G. Sagar Suri v.
          State of U.P. [(2000) 2 SCC 636 : 2000 SCC (Cri)
          513] this Court observed: (SCC p. 643, para 8)
                     “It is to be seen if a matter, which is
          essentially of a civil nature, has been given a
          cloak of criminal offence. Criminal proceedings
          are not a short cut of other remedies available in
          law. Before issuing process a criminal court has
          to exercise a great deal of caution. For the
          accused it is a serious matter. This Court has laid
          certain principles on the basis of which the High
          Court is to exercise its jurisdiction under Section
          482 of the Code. Jurisdiction under this section
          has to be exercised to prevent abuse of the
          process of any court or otherwise to secure the
          ends of justice.”
          5. Learned counsel for the petitioners further relies on

the judgment of Hon’ble Supreme Court rendered in the case of

Mohd. Ibrahim vs. State of Bihar reported in (2009) 8 SCC 751.

The relevant paragraph 8 reads as under:-
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                            "8. This Court has time and again
                 drawn attention to the growing tendency of the
                 complainants attempting to give the cloak of a
                 criminal offence to matters which are
                 essentially and purely civil in nature,
                 obviously either to apply pressure on the
                 accused, or out of enmity towards the accused,
                 or to subject the accused to harassment.
                 Criminal courts should ensure that
                 proceedings before it are not used for settling
                 scores or to pressurise parties to settle civil
                 disputes. But at the same time, it should be
                 noted that several disputes of a civil nature
                 may also contain the ingredients of criminal
                 offences and if so, will have to be tried as
                 criminal offences, even if they also amount to
                 civil disputes. (See G. Sagar Suri v. State of
                 U.P. [(2000) 2 SCC 636 : 2000 SCC (Cri)
                 513] and Indian Oil Corpn. v. NEPC India
                 Ltd. [(2006) 6 SCC 736 : (2006) 3 SCC (Cri)
                 188] ) Let us examine the matter keeping the
                 said principles in mind."

         6. Learned counsel for the informant as well as learned

Additional Public Prosecutor for the State has vehemently opposed

the quashing of the FIR of Khaira P.S. Case No. 445 of 2022.

         7. In such view of the matter, the present prosecution is

nothing but an abuse of the process of the Court. In view of the

aforesaid decisions of Hon'ble Supreme Court as well as in the

light of Hon’ble Supreme Court decision rendered in the case of

State of Haryana & Ors. v. Ch. Bhajan Lal & Ors reported in

1992 Supp (1) SCC 335, the FIR of Khaira P.S. Case No. 445 of

2022 dated 17.11.2022 instituted for the offences under Sections

341, 323, 445, 379, 506 and 504 read with Section 34 IPC pending
                                 Patna High Court CR. MISC. No.17945 of 2023 dt.01-05-2026
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                    before the concerned Court, Jamui is quashed so far as the

                    petitioners are concerned.

                              8. Accordingly, both the present petitions are allowed.

                    Pending Interlocutory Application(s), if any, stands disposed off.



                                                    (Ansul, J)
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