Allowed

Usha Kuer v. State Of Bihar and Anr.

Patna HC24 Jul 2024CR. MISC./54709/2018

Case brief

AI extract

What is this about?

Quashing petition under Section 482 Cr.P.C. against cognizance in a complaint over a failed agreement to sell two parcels of land where advance money was received. The court held the dispute was purely civil, relating to non-performance of contract, and quashed the cognizance order.

What did the court decide?

Order of cognizance dated 01.05.2018 in Complaint Case No. 1141 C of 2015 quashed and set aside; Section 482 application allowed.

Usha Kuer Vs State Of Bihar and Anr. — Quashing and FIR | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.54709 of 2018

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Arising Out of PS. Case No.-1141 Year-2015 Thana- ROHTAS COMPLAINT CASE District- Rohtas

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======================================================

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Usha Kuer, W/o Late Ajit Kumar Tiwari, resident of Village - Kumhau, Post - Morsarai, P.S. - Shivsagar, Dist - Rohtas at present resident of C/o Ramadhar Dubey, Satyendra Nagar, Near Durga Chawk, Aurangabad, Dist - Aurangabad.

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... ... Petitioner/s

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Versus

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State Of Bihar

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Premlata Devi, W/o Rajesh Kumar resident of Mohalla - Sherganj, P.S. Sasaram, Dist - Rohtas.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Bijay Shankar Choubey, Advocate For the Opposite Party/s : Mr.Uday Pratap Singh, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER

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2 24-07-2024 This is an application under Section 482 of the Cr.P.C.

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praying for quashing of order of cognizance taken by the learned ACJM IV SJ XII, Sasaram, Rohtas on 1^st of May, 2018. The issue relates to the sale of two pieces of land agreed to be purchased by the complainant from the petitioner. Admittedly, the petitioner received 9.5 Lakhs from the complainant as advance money. It was decided that the sale would have to be completed within 30^th of April, 2012. However, the complainant did not approach the petitioner with the balance money to purchase the said land as well as to execute the registered deed of sale. Therefore, the petitioner sold out the property to another

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Patna High Court CR. MISC. No.54709 of 2018(2) dt.24-07-2024 2/2

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person on 23^rd of November, 2012.

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The issue absolutely relates to non-performance of contract i.e., agreement of sale.

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It is contended on behalf of the petitioner that, as the complainant failed to pay the rest of the amount beside the earnest money, the petitioner sold out the property to some third person. In the subsequent transaction, the criminal intention of the petitioner has not been proved. Since the dispute is absolutely civil in nature, complaint case under Sections 420/406 of the IPC cannot proceed.

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In view of such discussion, the order of cognizance taken by the learned ACJM IV SJ XII, Sasaram, Rohtas on 1^st of May, 2018 in Complaint Case No. 1141 C of 2015 is quashed and set aside.

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The instant application under Section 482 of the Cr.P.C. is accordingly allowed.

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(Bibek Chaudhuri, J)

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uttam/-

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Usha Kuer v. State Of Bihar and Anr.

Case brief

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Usha Kuer v. State Of Bihar and Anr.

Case brief

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What did the court decide?

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