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Patna High Court

Diwakar Kumar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court ordered the parties to appear before the District Court for mediation, granted interim pre‑arrest bail, and disposed of the petition.

Summary

The petitioner, Diwakar Kumar Singh, sought protection from arrest in a criminal case filed under Sections 406 and 506 of the IPC concerning an alleged fraudulent land sale. He contended that the dispute was essentially civil, involving breach of a contractual agreement and non‑payment of cheques, and that criminal proceedings were being misused. The State and a co‑respondent opposed the bail but agreed to a possible settlement. The High Court, relying on Supreme Court precedents, held that the matter should first be referred to mediation and that interim protection in the form of pre‑arrest bail could be granted pending the outcome. The court directed the district court to refer the parties to the District Mediation Centre, set conditions for bail, and disposed of the petition.

Issues considered

  • The appropriateness of granting pre‑arrest bail in a case under Sections 406 and 506 IPC.
  • Whether the criminal complaint is an abuse of process when the underlying dispute is civil in nature.
  • Whether the High Court should refer the parties to mediation before proceeding with criminal trial.

Legislation cited

Subjects

  • pre‑arrest bail
  • Section 406 IPC
  • Section 506 IPC
  • mediation
  • civil dispute
  • abuse of process
  • Section 482 CrPC
  • land sale dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.69906 of 2025
                 Arising Out of PS. Case No.-3577 Year-2022 Thana- PATNA COMPLAINT CASE District-
                                                          Patna
                 ======================================================
                 Diwakar Kumar Singh S/o- Rishikesh Prasad Singh R/o- Bhilaipur Ps-
                 Meenapur Dist- Muzaffarpur

                                                                               ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar
           2.    Ranvir Singh S/o- Rama Singh R/o- Neerala Nagar Ps- Digha Dist- Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Rajkumar Rajesh, Advocate
                 For the Opposite Party/s :     Mr.Ajit Kumar, APP
                 For the O.P. No.2        :     Mr.Sachin, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

5   24-02-2026                         Heard Mr. Rajkumar Rajesh, learned counsel

                   appearing on behalf of the petitioner; Mr. Ajit Kumar, learned

                   APP appearing on behalf of the State and Mr. Sachin, learned

                   counsel for the O.P. No.2.

                                2. The petitioner apprehends his arrest in connection

                   with Complaint Case No. 3577(C) of 2022 registered under

                   Sections 406 and 506 of the Indian Penal Code.

                                3. As per the allegation made in the complaint,

                   petitioner entered into an agreement with the complainant to sell

                   land measuring 6 bighas 10 kathas 6.921 dhurs at Rs. 1,49,000/-

                   per katha, representing it to be his purchased land, and received

                   Rs. 40,00,000/- (including Rs. 25,00,000/- as advance), but
Patna High Court CR. MISC. No.69906 of 2025(5) dt.24-02-2026
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          executed a sale deed for only 10 kathas. Subsequently, the

          complainant allegedly learnt that the accused had entered into

          agreements with third parties in respect of the remaining land on

          the basis of false and fabricated documents. Upon request for

          execution of the sale deed for the balance land or refund of the

          amount, the petitioner refused and allegedly threatened the

          complainant with dire consequences.

                       4. Learned counsel appearing on behalf of the

          petitioner submits that the petitioner is innocent and he has

          falsely been implicated in the case. The criminal proceedings

          arising out of Complaint Case No. 3577(C)/2022, in which

          cognizance was taken under Sections 406 and 506 IPC, have

          been initiated without proper appreciation of facts and in misuse

          of the criminal process. Learned counsel further submitted that

          the agreement in question was executed under due authority of

          the landowner and the dispute, even if taken at its face value,

          pertains purely to alleged non-compliance of contractual

          obligations and recovery of money. A settlement dated

          25.05.2022 was arrived at in the presence of witnesses, pursuant

          to which 160 dismil of land valued at Rs. 55,00,000/- was

          executed in favour of the complainant/his nominees, though

          only Rs. 35,00,000/- has been paid, and the balance of Rs.
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          25,00,000/- was agreed to be paid through cheques. Learned

          counsel submitted that despite executing land of higher value on

          credit basis and relying upon the complainant’s assurance, the

          complainant failed to honour the cheques and complete the

          transaction for the remaining land within the stipulated period.

          In view of the dishonour of the cheques issued towards the

          balance consideration amounting to Rs. 25,00,000/-, the

          petitioner filed Complaint Case No. 3028/2022 before the

          competent court, Muzaffarpur. The initiation of the present

          criminal proceeding by the complainant, despite the pendency

          of the aforesaid case arising out of the same transaction, is mala

          fide. The matter primarily relates to monetary transaction

          between the parties and for amicable settlement of dispute

          between the parties outside the Court, the matter be referred for

          mediation.

                       5. Per contra, learned APP appearing on behalf of the

          State and learned counsel for the O.P. no.2 jointly submitted that

          a chance be given to the parties for amicable settlement outside

          the court.

                       6. Learned counsel appearing on behalf of the

          petitioners, on instructions, submitted that the petitioners have

          agreed to appear before the learned District Court at 10:30 A.M.
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          on 12.03.2026.

                       7. Heard the parties

                       8. Having considered the rival submissions made on

          behalf of the parties, as well as, having perused the allegation

          made in the F.I.R., I am of the opinion that an opportunity is

          required to be given to the parties to settle their score amicably

          outside the Court.

                       9. In this regard, I find it apt to take note of the

          observation made by the Apex Court in case of Paramjeet

          Batra v. State of Uttarakhand reported in (2013) 11 SCC 673,

          in which, the Apex Court in paragraph no. 12 has held as

          follows:

                                              "12. While exercising its jurisdiction
                                  under Section 482 of the Code the High Court has to
                                  be cautious. This power is to be used sparingly and
                                  only for the purpose of preventing abuse of the
                                  process of any court or otherwise to secure ends of
                                  justice. Whether a complaint discloses a criminal
                                  offence or not depends upon the nature of facts
                                  alleged therein. Whether essential ingredients of
                                  criminal offence are present or not has to be judged
                                  by the High Court. A complaint disclosing civil
                                  transactions may also have a criminal texture. But
                                  the High Court must see whether a dispute which is
                                  essentially of a civil nature is given a cloak of
                                  criminal offence. In such a situation, if a civil
                                  remedy is available and is, in fact, adopted as has
                                  happened in this case, the High Court should not
                                  hesitate to quash the criminal proceedings to
                                  prevent abuse of process of the court."
                                                                   (emphasis supplied)

                        10. The Apex Court has reiterated the aforesaid

          proposition in recent judgment of S. N. Vijayalakshmi & Ors.
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          vrs. The State of Karnataka and Anr. reported in (2025) SCC

          Online SC 1575.

                        12. The parties have willingly desired to appear

          before the learned District Court on or before 12.03.2026, so

          that the matter can be referred to the District Mediation Centre.

                       13. Learned District Court is directed to take

          necessary steps to refer the matter before the learned Mediator

          of the District Mediation Center by fixing a date for appearance

          of the parties to give effect to “Mediation for the Nation 2.0”.

                       14. Learned Mediator of the District Mediation Center

          concerned, upon appearance of the parties, shall make his/her

          best efforts to settle the dispute amicably and thereafter submit

          his/her report before the concerned learned District Court, well

          within a period of three months, till then, no coercive action

          shall be taken against the petitioners in connection with the

          aforesaid case.

                       15. In case, the parties resolve their dispute amicably

          or arrive at a mutual settlement, in light of the law laid down by

          the Apex Court as referred hereinabove, the petitioners are

          required to be released on pre-arrest bail on such terms and

          conditions as the learned District Court deems it fit and proper.

                       16. In case of failure on the part of the petitioners to
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                     appear on 12.03.2026 before the learned District Court or any

                     date fixed by the learned Mediator, the interim protection

                     granted to the petitioners shall automatically lose its force.

                                  17. In case, it is deliberate on the part of the

                     complainant to reconcile, then in that case, the             interim

                     protection granted to the petitioners shall continue and the trial

                     shall proceed in accordance with law.

                                  18. In case, the parties fail to reconcile, then in that

                     case, parties may avail appropriate remedy. Then also,

                     petitioners are directed to be released on pre-arrest bail on such

                     terms and conditions as the learned District Court deems it fit

                     and proper.

                                  19. If both the parties arrive at amicable settlement,

                     then they must withdraw the criminal cases, if any, which they

                     have lodged against each other.

                                  20.    With aforesaid direction and observation, the

                     present application stands disposed of.



                                               (Purnendu Singh, J)
Ashishsingh/-

U      T


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