RONGON MUKHOPADHYAY, J. - (1.) HEARD learned counsel for the parties.
(2.) IN this application, the petitioners have prayed for quashing the entire criminal proceeding in connection with Complaint Case No. 1121 of 2011 including the order dated 15.05.2012 passed by the learned Civil Judge (Junior Division) X, Garhwa whereby and whereunder cognizance has been taken for the offences punishable under Sections 418, 420, 468 and 34 of the Indian Penal Code.
(3.) IT appears that a complaint case was instituted by the opposite party no. 2 herein in which he has stated that on her expressing a desire to construct a Mandir in the memory of her late husband, the accused no. 3 Gulab Chand Mehta agreed to purchase 4 kathas 15 decimals of land belonging to the complainant. It has been alleged that the accused persons went to Garhwa and on being asked as to why the sale deed is not being executed in Nagar Untari, the accused no. 3 assured her that there will be problems in registering the sale deed in Nagar Untari and as such it would be better to get it executed at Garhwa itself. It has further been alleged that the complainant had put thumb impression on some paper and subsequently she could come to know that on a false pretext her landed properties were executed in favour of some other person. After an inquiry was conducted by examining the complainant on solemn affirmation and her witnesses, cognizance was taken by the learned Civil Judge (Junior Division) X, Garhwa on 15.05.2012 for the offences punishable under Sections 418, 420, 468 and 34 of Indian Penal Code. It has been submitted by the learned counsel for the petitioners that prima -facie there is no allegation against the petitioners and whatever allegations have been made are with respect to accused no. 2 Gulab Chand Mehta on whose assurance the complainant had gone to Garhwa where the sale deed was executed. He has further submitted that the allegations in the complaint case appears to constitute a civil dispute and there being no criminal element present in it, the entire criminal proceedings are liable to be quashed.;