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Patna High Court
Ashok Harswardhan vs The State Of Bihar on 13 May, 2026
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86110 of 2023
Arising out of PS. Case No.-466 Year-2023 Thana- MITHANPURA District- Muzaffarpur
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Ashok Harswardhan S/o Late Akhilwashwar Prasad Narayan Singh Mohalla-
G.P. Das Lane, New Dak Banglow Road, Patna Also At Club Road, Mohalla-
Mithanpura, Ps. Mithanpura, Dist. Muzaffarpura At Present Residing At A-
28, Neeti Bagh, Sahpurjat, Defence Colony, P.S. Defence Colony, Dist. South
Delhi, Delhi.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Ramvinod Sharma, S/o Late Mauze Mishra, R/o Village- Silout, Vashudev,
Ps. Maniyari, Dist. Muzaffarpur
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Rajesh Ranjan, Advocate
For the Opposite Party/s : Dr. Indiwar Kumari, APP
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CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL JUDGMENT
Date : 13-05-2026
Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. Petitioner seeks quashing of the FIR of Mithanpura
P.S. Case No. 466 of 2023 registered under Sections 420, 406, 467,
468, 469/34 of the Indian Penal Code pending before the Chief
Judicial Magistrate, Muzaffarpur.
3. The allegation is that the petitioner duped Rs.
11,50,000/- from the Opposite Party No. 2 on the assurance of
transfer of the land in question. It is further alleged that Rs.
23,50,000/- in cash was given to co-accused Dhristdhumna
Shukla. Thereafter, in the year 2017 two sale deeds were executed
Patna High Court CR. MISC. No.86110 of 2023 dt.13-05-2026
by the petitioner for the land admeasuring about five decimals.
One sale deed was executed in the name of Opposite Party No. 2
and another was in his wife's favour.
4. Learned counsel for the petitioner submits that the
Opposite Party No. 2 deposited amount of Rs. 11,50,000/- as
advance and promised to pay rest amount after the registration of
the sale deed, thereafter, the petitioner executed two registered sale
deeds in favour of the Opposite Party No. 2 and his wife.
Thereafter, differences cropped up between them as the Opposite
Party No. 2 began to demand registration of more valuable land.
He further submits that from bare perusal of the allegation as
alleged in the FIR, it would manifest that the allegation is vague,
cryptic and does not inspire confidence. It is also submitted by
learned counsel for the petitioner that from perusal of allegation as
alleged in the FIR it would manifest that the O.P. No. 2 does not
even remotely suggest that as to what was the area of the land
which was agreed in between him and the petitioner for being
purchased. It is also submitted that in order to make out a false
case, the O.P. No.2 alleges that he paid and father of the petitioner
never sold the land in question to anyone else earlier. It is next
submitted that had the father of the petitioner sold the land to
someone else in that event the O.P. No.2 would have disclosed the
Patna High Court CR. MISC. No.86110 of 2023 dt.13-05-2026
name of that person in the FIR, hence, it is submitted at the cost of
repetition that the allegations are vague, cryptic and do not inspire
confidence.
5. Learned Additional Public Prosecutor for the State has
vehemently opposed the quashing of the FIR.
6. The matter is purely a civil dispute for which remedy
lies in a Civil Court in view of the decision of Hon'ble Supreme
Court rendered in the case of Mohd. Ibrahim v. State of Bihar
reported in (2009) 8 SCC 751. The relevant paragraph No. 8 reads
as under:-
"8. This Court has time and again
drawn attention to the growing tendency of
the complainants attempting to give the cloak
of a criminal offence to matters which are
essentially and purely civil in nature,
obviously either to apply pressure on the
accused, or out of enmity towards the
accused, or to subject the accused to
harassment. Criminal courts should ensure
that proceedings before it are not used for
settling scores or to pressurise parties to
settle civil disputes. But at the same time, it
should be noted that several disputes of a
civil nature may also contain the ingredients
of criminal offences and if so, will have to be
tried as criminal offences, even if they also
amount to civil disputes.
7. Hon'ble the Supreme Court has reiterated the same
principle rendered in the case of Indian Oil Corpn. v. NEPC
Patna High Court CR. MISC. No.86110 of 2023 dt.13-05-2026
India Ltd. reported in (2006) 6 SCC 73. The relevant paragraph
No. 13 reads as under:-
"13. While on this issue, it is
necessary to take notice of a growing tendency
in business circles to convert purely civil
disputes into criminal cases. This is obviously
on account of a prevalent impression that civil
law remedies are time consuming and do not
adequately protect the interests of
lenders/creditors. Such a tendency is seen in
several family disputes also, leading to
irretrievable breakdown of marriages/families.
There is also an impression that if a person
could somehow be entangled in a criminal
prosecution, there is a likelihood of imminent
settlement. Any effort to settle civil disputes and
claims, which do not involve any criminal
offence, by applying pressure through criminal
prosecution should be deprecated and
discouraged.
"It is to be seen if a matter, which is
essentially of a civil nature, has been given a
cloak of criminal offence. Criminal proceedings
are not a short cut of other remedies available
in law. Before issuing process a criminal court
has to exercise a great deal of caution. For the
accused it is a serious matter. This Court has
laid certain principles on the basis of which the
High Court is to exercise its jurisdiction under
Section 482 of the Code. Jurisdiction under this
section has to be exercised to prevent abuse of
the process of any court or otherwise to secure
the ends of justice."
8. Considering the aforesaid facts and circumstances of
the case as well as the judicial pronouncements of Hon'ble
Supreme Court, the FIR of Mithanpura P.S. Case No. 466 of 2023
registered under Sections 420, 406, 467, 468, 469/34 of the Indian
Patna High Court CR. MISC. No.86110 of 2023 dt.13-05-2026
Penal Code pending before the Chief Judicial Magistrate,
Muzaffarpur is quashed so far as the petitioner is concerned.
7. Accordingly, the present application stands allowed.
(Ansul, J)
Vikash/-
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