2025:JHHC:23165 -: 1 :- IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(Cr). No. 765 of 2024 ---- Masih Charan Purty @ Masih Charan Munda, S/o Late Joseph Munda, Resident of Village-Itti Tola, Sirijanj P.O. Bandgaon, P.S. Bandgaon, District- Chaibasa, West Singhbhum . … … Petitioner Versus 1. The State of Jharkhand through the Principal Secretary, Department of Home Government of Jharkhand at Project Building Dhurwa, P.O. & P.S. Dhurwa, District-Ranchi 2. The Director General of Police Headquarter Dhurwa, P.O. & P.S. Dhurwa, District-Ranchi 3. The Superintendent of Police at Khunti. 4. The Sub-division Police Officer at Khunti. 5. The Officer-in-charge At, Khunti, P.O. & P.S. Khunti, District-Khunti, 6. Dinesh Baraik, Son of Late Chitranjan Baraik, Resident of Village- Siladon, P.O. Siladon, P.S. Khunti, District-Khunti … … Respondents ---- WITH W.P.(Cr). No. 714 of 2024 ---- Bimal Munda, aged about-37 years Son of Late Sura Munda, Resident of Village-Duardaga, P.O. Jaltanda, P.S. Khunti District-Khunti … … Petitioner Versus 1. The State of Jharkhand through the Principal Secretary, Department of Home Government of Jharkhand at Project Building Dhurwa, P.O. & P.S. Dhurwa, District-Ranchi 2. The Director General of Police Headquarter Dhurwa, P.O. & P.S. Dhurwa, District-Ranchi 3. The Superintendent of Police at Khunti. 4. The Sub-division Police Officer at Khunti. 5. The Officer-in-charge At, Khunti, P.O. & P.S. Khunti, District-Khunti, 6. Dinesh Baraik, Son of Late Chitranjan Singh Baraik, Resident of Village- Siladon, P.O. Siladon, P.S. Khunti, District-Khunti. … … Respondents ---- CORAM : SRI ANANDA SEN, J. ---- For the Petitioners : Mr S.K. Vishwakarma, Advocate Mr. Abhay Kumar, Advocate For the Respondents: Mr. Kumar Pawan, AC to SC Mines- II Mr. Ravi Prakash Mishra, AC to AAG II Ms. Anjana Kumari, Advocate ---- 04/ 28.07.2025 The petitioners in these writ petitions have prayed for issuance of appropriate writ(s)/order(s)/direction(s) quashing/setting aside Khunti P.S. Case No. 116 of 2024 registered for offences punishable under Sections 61(2), 316(2), 318(4), 338, 336(3), 308(3), 308(4) and 308(5) of the Bharatiya 2025:JHHC:23165 -: 2 :- Nyaya Sanhita 2023, pending in the Court of Chief Judicial Magistrate, Khunti and taking appropriate action against the respondent No. 5 for violating Article 20 and 21 of the Constitution of India. 2. It has been alleged by the informant that his ancestral property situated at Mauza Dumardaga, P.S. Khunti, P.S. No. 232 District Khunti bearing khata No. 4 and 5 total area 9.28 acres was given as Bhugut Bandha for 7 years by his grandfather to 16 persons, all resident of village Dumardaga, Khunti. However, even after expiry of the period, these persons refused to leave and vacate the aforesaid land. Further it has been alleged that these persons have illegally occupied the land of the informant under the influence of the petitioners, namely Bimal Munda and Masih Charan Purti. Masih Charan has formed a group of criminals and does illegal land business. They intend to usurp the land of the informant. This is the sum and substance of the First Information Report. 3. Learned counsel representing the petitioners submits that the case is completely of civil nature as it involves illegal possession of informant’s land. There is neither any mention of date of occurrence in the F.I.R. nor any specific allegation against the petitioners. The officer in charge at Khunti (Respondent No. 5) had registered a case which is completely a matter of land dispute and is not a criminal offence. 4. Learned counsel representing the State submitted that there are serious allegations against the petitioners of committing cheating, forgery and criminal conspiracy towards the informant. The witnesses have supported the case of the prosecution and stated that Masih Charan Purti was a Naxalite and regularly involved in criminal activities by creating group of criminals. Notice under section 35(3) of the B.N.S.S. was served upon the petitioners but they were not cooperating in the investigation and have been evading their arrest. 5. After hearing the Counsel for the parties and going through the records, I find that the dispute is related to the possession of land, which is a civil dispute regarding title and tenancy. The crux of the allegation is that the land was given on Bhugut Bandha to the accused persons and after expiry of the tenure they are not returning the same. The First Information Report fails to disclose any specific act of forgery, cheating, or criminal conspiracy. It is settled law that criminal proceedings should not be used to settle civil matter. 6. The Hon’ble Supreme Court in the case of Paramjeet Batra v. State of Uttarakhand and others reported in (2013) 11 SCC 673 has held 2025:JHHC:23165 -: 3 :- that when a civil transaction is given a cloak of criminal offence, the High Court should not hesitate to quash the criminal proceedings to prevent abuse of process of the Court. It is necessary to quote paragraph 12 of the said judgement which is hereunder- 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. 7. Further, the Hon’ble Supreme Court in the case of Radheyshyam and Others v. State of Rajasthan and Another reported in 2024 SCC OnLine SC 2311 has held that a civil wrong cannot be given a criminal colour merely to coerce the accused into registering the sale. It has been further held that the judicial process cannot be used as a tool to enforce specific performance of an agreement. It is necessary to quote paragraph 13 of the said judgment which is hereunder- 13. Therefore, the ingredients of none of the offences alleged in the FIR are made out against the appellants and thus, no offence can be said to have been committed by them. The act of the appellant at best constitutes a civil wrong and does not call for any criminal action against them. A civil wrong cannot be given a criminal colour merely to coerce the appellants into registering the sale. The judicial process cannot be used as a tool to enforce specific performance of an agreement. Respondent no. 2 has ample remedies under the civil law and he has already resorted to the same by filing a civil suit for specific performance which is pending adjudication before the relevant forum. Thus, such a criminal proceeding cannot be allowed to continue. 8. The Hon’ble Supreme Court in case of State of Haryana and others versus Bhajan Lal and Others reported in 1992 Supp (1) SCC 335, 2025:JHHC:23165 -: 4 :- has held that where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety, do not prima facie constitute any offence or make out a case against the accused. 9. Thus, considering the fact that a civil dispute is given a colour of criminal case and the fact that from the perusal of the First Information Report, prima facie no criminal offence is made out, I am inclined to allow these criminal writ petitions. The entire criminal proceeding, so far as it relates to the petitioners herein, arising out of the First Information Report being Khunti Police Station Case No.116 of 2024, pending in the Court of the Chief Judicial Magistrate, Khunti, is hereby quashed and set aside. 10. This Criminal Writ Petition is, accordingly, allowed. Pending interlocutory applications, if any, stand disposed of. (Ananda Sen, J.) Kumar/Cp-03