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Judgment
Date : 18-08-2026 Heard learned counsel for the petitioners and learned counsel for the State.
Today, none appears on behalf of the Opposite Party No.2, however several opportunities were given to learned counsel for the Opposite Party No.2 to file appropriate application for impleading the immediate family members of the deceased/complainant/O.P. No.2, but despite such opportunities, no such application was filed.
The petitioners have filed this application for quashing of the order dated 15.02.2018, passed by the learned Additional Chief Judicial Magistrate-III, Patna in Complaint Case No. 3582(C) of 2017, whereby cognizance was taken against the petitioner for the offences punishable under Sections 420 and 34 of the Indian Penal Code
As per the allegation, the complainant had entered into an agreement for sale with co-accused Pawan Kumar for a piece of land for a consideration amount of Rs. 32 Lakhs, even after payment of the entire consideration money, co-accused Pawan Kumar evaded the execution of sale deed. It has further been alleged that the present petitioners are the family members of the said Pawan Kumar, who had joined hands with co-accused Pawan Kumar to part with money to co-accused Pawan Kumar.
Learned counsel for the petitioners has submitted that the petitioners have been falsely implicated in this case and not a single penny has been taken by the petitioners rather it was co-accused Pawan Kumar, who had entered into agreement with the complainant and also took money, the petitioners being family members of co-accused Pawan Kumar have been falsely implicated, so as to put a pressure upon him to force to return payment, the money of the complainant.
Learned counsel for the petitioners has referred to a judgment of the Hon’ble Supreme Court in the case of Mala Chaudhary & Anr. vs. State of Telangana reported in 2025 INSC 870 and has submitted that where there is a land deal with a staggered payments of land transaction, the FIR/complaint discloses no criminal offence, while there is no allegation that there was an initial deception, nor the complainant alleged any fraud or misrepresentation at the hands of the petitioners. It has further been submitted that even accepted in its entirety, the allegation does not disclose the prima-facie case for any criminal offence and reveal only a civil dispute and hence continuation of criminal procedure is an abuse of process of the Court. Learned counsel for the petitioners has thus submitted that entire allegation would amount to a civil dispute dressed up in a criminal garment. It has further been submitted that there is a growing tendency to implicate the entire family members of a prime accused in a case of non-execution of sale deed, even after taking entire consideration money. It has lastly been submitted that the impugned order taking cognizance has been passed in a mechanical manner without application of a judicial mind and the same is unsustainable in law as well as facts.
Learned counsel for the State opposed the prayer of the petitioners and has submitted that petitioners actively connived with the main accused, so as to cheat the complainant. It has further been submitted that a prima-facie case is made out against the petitioners and the prosecution against the petitioners should continue and the order taking cognizance should not be interfered with.
Considering the facts and circumstances of the case as well as the facts that petitioners were neither executant to the sale deed nor any money was transferred in their account and the case rests primarily on the breach of an agreement without initial deception. The judgment referred to being squarely covered in the facts and circumstances of the case, resultantly the order taking cognizance dated 15.02.2018 passed by the learned Additional Chief Judicial Magistrate-III, Patna in Complaint Case No. 3582(C) of 2017 is hereby quashed with respect to the petitioners only. However, further proceeding with respect to co-accused Pawan Kumar may continue.
This application is allowed.