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Judgment
Anjana Prakash, J.—No one appears on behalf of the Petitioners. The Petitioners seek quashing of the order of cognizance dated 27.4.2011 passed by the Judicial Magistrate, 1st Class, Begusarai in Complaint Case No. 526C of 2011.
The case of the Complainant is that his ancestral property was duly partitioned among the uncles and thereafter he derived certain piece of land, upon which his father built his house. However, there was some family arrangement in which the lands were exchanged but the accused persons committed a fraud upon them and when the Complainant went to question about the same he was threatened and intimidated.
It appears that for the same cause of action Title Suit No. 61 of 2011 is pending between the parties and evidently the present dispute arises out of a partition within the family which will be duly adjudicated in the said suit and hence in my opinion the present criminal case is a multiplication of proceeding.
Thus, the application is allowed and the proceeding including the order of cognizance dated 27.4.2011 passed by the Judicial Magistrate, 1st Class, Begusarai in Complaint Case No. 526C of 2011 is hereby set aside. However, the quashment of the present proceeding shall have no bearing on the civil dispute.