RAKESH KUMAR @ PINTU SINGHversusThe State of Bihar

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No.45769 of 2023
       Arising out of PS. Case No.-603 Year-2023 Thana- COMPLAINT CASE District- Jamui
     ======================================================
1.    Rakesh Kumar @ Pintu Singh, Son of Late Bachchu Singh, Resident of
      Village- Tihiya, Ps- Khaira, Distt- Jamui.
2.   Mantu Singh, Son of Late Bachchu Singh, Resident of Village- Tihiya, Ps-
     Khaira, Distt- Jamui.
                                                            ... ... Petitioner/s
                                    Versus

1.   The State of Bihar
2.    Udyanand Pandey, Son of Vidyadhar Pandey Resident of Village- Tihiya, Ps-
      Khaira, Distt- Jamui.
                                                        ... ... Opposite Party/s
     ======================================================

     Appearance :
     For the Petitioner/s    :        Mr. Saket Gupta, Advocate
     For the State           :        Mr. Harendra Prasad, APP
     For the OP No. 2        :        Mr. Pankanj 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.

                  2. Petitioners seek quashing of the entire criminal

     prosecution arising out of Complaint Case No. 603(C) of 2023

     registered for the offences under Sections 447, 323, 504, 354, 387

     and 452 of the Indian Penal Code pending before the concerned

     Court, Jamui.
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           3. Learned counsel for the informant at the outset

submits that the cognizance has not been taken thus the present

case is not maintainable.

           4. The case of the complainant is that on the date of the

occurrence the police officials entered into his house, assaulted

him and got boundary wall erected on the land. The details of land

is Mauza Tihiya, Khata No. 26, Khesra 742 and area 4 decimal

which was recorded in the name of his grandfather. Petitioners had

also filed Cr. Mis. Case Nos. 17945 of 2023 and 18733 of 2023 in

which vide order dated 18.04.2023 the direction was given that if

the petitioner wants to erect the boundary wall, the police will

facilitate the erection of the boundary wall and if any interference

is caused by any person the police will take strict action against

them.

           5. Learned counsel for the petitioner submits that in

view of the order passed in Cr. Misc. Nos. 17945 of 2023 and

18733 of 2023 this prosecution is completely mala fide. Moreover,

there is absolutely no chance that this prosecution could be taken

to any logical conclusion which could prejudice the accused

persons.
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         6. Learned Counsel for the informant as well as learned

Additional Public Prosecutor for the State has vehemently opposed

the quashing of the Complaint Case No. 603(C) of 2023.

         7. Hon’ble High Court of Gujarat in the case of Nayak

and others Versus Rahul Kanubhai Ashar reported in 195 (4)

Crimes 614 (Guj.) has held that:

                   “when the complaint does not
        contain any germ of offence and accordingly
        when there is not even the bleakest of the
        possibility of conviction, merely because the
        Court has inquiry under Section 202 of the
        Code and not issued any process against the
        petitioner-accused, that by itself cannot be
        permitted to obscure the judicial vision of this
        Court to quash the impugned order passed by
        the learned Magistrate. This Court cannot be
        party to the mechanical orders passed under
        Section 202 of the Code with the consequence
        of impending fear of totally hopeless criminal
        cases over the head of the accused persons
        who in the instant case are the responsible
        bank officers who might have bona fidely
        exercised their duty. Under the circumstances,
        when the complaint does not disclose any
        prima facie offence, the learned Magistrate
        having committed a patent and obvious error
        in passing the order under Section 202 of the
        Code, the said order requires to be quashed,
        as such an inquiry would be nothing but a
        fruitless exercise or waste of public time as
        well as money, which cannot be allowed under
        any circumstance.”

         8. This Court has also reiterated the proposition laid

down in the Nayak case and quashed the complaint at the inquiry

stage in the case of Rupa and Company Limited and others
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Versus State of Bihar and others (Cr. Misc. No. 5347 of 2009)

decided on 03.01.2011.

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

nothing but an abuse of the process of the Court in view of Hon'ble

Supreme Court decision rendered in the case of State of Haryana

vs. Chaudhary Bhajan Lal and Ors. reported in AIR 1992 SC

604. Moreover, in the case of Indian Oil Corporation Vs. NEPC

India Ltd. and Ors reported in (2006) 6 SCC 734 and in the case

of Md. Ibrahim Vs. State of Bihar reported in (2009) 8 SCC 751.

The courts have held that criminal prosecution may not be allowed

to be misused in cases which are predominantly civil in nature.

The present case fits the bill. The relevant paragraph 13 of the case

of Indian Oil Corporation (supra) 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)
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                     “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.”


         10.   The relevant paragraph 8 of the case of Md.

Ibrahim (supra) reads as under:-

                    "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."

         11. Resultantly, the entire proceeding arising out of

Complaint Case No. 603(C) of 2023 registered for the offences
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                    under Sections 447, 323, 504, 354, 387 and 452 of the Indian

                    Penal Code pending before the concerned Court, Jamui is quashed

                    against all the accused persons.

                              12. Accordingly, the present petition is allowed.



                                                    (Ansul, J)
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