PATNA, India, Feb. 28 -- Patna High Court issued the following judgment on Jan. 29:

1. All the three cases are being heard together as parties to the proceedings are same and the matter is arising out of a common dispute leading to case and counter case.

2. The order under challenge in Cr. Misc. No 53409 of 2022 and Cr. Misc No. 44425 of 2023 is the order dated 23.07.2022 passed by the learned Chief Judicial Magistrate, Darbhanga in connection with Leheriasarai P.S. Case No. 61 of 2018/ C.R.I- 336 of 2018, whereby and whereunder the learned Magistrate took cognizance against the petitioners of both the cases under sections 341, 323, 324, 504, 506 and 34 of the Indian Penal Code, 1860 (hereinafter referred to as IPC) while the order impugned in Cr. Misc. No. 34872 of 2023 is the order dated 09.05.2022 passed by the learned Chief Judicial Magistrate, Darbhanga in connection with Laheriasarai P.S. Case No. 62 of 2018/C.R.I. - 337 of 2018, whereby and whereunder cognizance has also been taken against the petitioners in the said case under sections 341, 323, 324, 504, 506 and 34 of IPC.

3. Heard Mr. D.K. Sinha, learned Senior counsel appearing on behalf of the petitioners along with learned counsel Mr. Girish Chandra Jha in Cr. Misc. No. 53409 of 2022 and learned counsel Mr. Durganand Jha in Cr. Misc. 44425 of 2023 respectively and Mr Lalit Narayan Jha, learned counsel appearing for opposite party no. 02 in both the abovementioned cases. Learned counsel Mr. Lalit Narayan Jha appearing for the petitioner and learned Senior Counsel Mr. D.K. Sinha appearing for opposite party no. 02 and learned APP for the State, in Cr. Misc. No 34872 of 2025 were also heard.

4. The instant cases arise out of a dispute having taken place between the members of the same family, for which cases have been filed against each other with almost same allegations, one being Laheriasarai P.S. Case No. 61 of 2018 and another being Laheriasarai P.S. Case No. 62 of 2018.

5. It has been submitted by Mr. D.K. Sinha, learned Senior counsel for the petitioners in one set of the cases that the basis of cases against each other is with regard to property dispute between the petitioners and the opposite parties inter-se and only with a view to settling scores with each other and pressurizing the parties to settle the civil dispute, the present criminal cases have been filed against each other. Learned Senior Counsel has referred to a judgment of Hon'ble Supreme Court in the case of Md. Ibrahim & Ors. vs. State of Bihar & Anr. reported in (2009) 8 SCC 751, wherein it has been held that there is growing tendency of civil cases being given the colour of criminal offence and the Court should always ensure that proceedings before it are not used for the purpose of settling personal scores or be used as pressure tactics to settles civil disputes. He has also referred to the case of State of Haryana & Ors. vs. Bhajan Lal reported in (1992) Supp (1) SCC 335 to contend that the present case falls within one of the categories of malicious prosecution.

*Rest of the document can be viewed at: (https://patnahighcourt.gov.in/viewjudgment/NiM0NDQyNSMyMDIzIzEjTg==-bzC--ak1--abIKx4Q=)

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