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Heard Mr. P. Roy Barman, learned senior counsel assisted by Mr. S. Bhattacharjee, learned counsel appearing for the petitioners also heard Mr. S. Ghosh, learned Addl. P.P. and Mr. S. Lodh, learned counsel appearing for the respondents.

[2] The present petition has been filed for passing necessary order by invoking power under Section-482 of Cr. P.C. and set aside the entire proceedings of NGR-17 (M) of 2022, NGR-37(M) of 2022 and NGR-38(M) of 2022 initiated by the learned Sub-Divisional Magistrate, Kumarghat, Unakoti District Tripura. Also quash the judgment dated 12.01.2023 passed by the learned Sessions Judge, Kailashahar, Unakoti Tripura in Crl. Revision No.03(2) of 2022. Further, allow the instant petition by invoking inherent power under Section-482 of Cr. P.C. by quashing and setting aside the order dated 02.06.2022 passed by the learned SDM, Kumarghat, Unakoti District Tripura in connection with case No. NGR-17 (M) of 2022. Also staying the further proceeding of NGR-17 (M) of 2022, NGR-37(M) of 2022 and NGR- 38(M) of 2022 pending before the learned SDM, Kumarghat, Unakoti District, Tripura and operation of the impugned judgment, dated 12.01.2023 passed in Crl. Revision No.3(2) of 2022 by the learned Sessions Judge, Kailashahar, Unakoti District Tripura till disposal of the present petition or till disposal of T.S. (Partition) 04 of 2022 pending before the learned Civil Court, Junior Division, Kailashahar, Unakoti Tripura.

[3] By means of filing the present petition the petitioner sought for invoking inherent power under Section-482 of Cr. P.C. of this Court by quashing and cancelling the further proceedings of NGR-17 (M) of 2022, NGR-37(M) of 2022 and NGR-38(M) of 2022 pending before the learned Sub-Divisional Magistrate, Kumarghat, Unakoti District, Tripura and operation of the impugned judgment, dated 12.01.2023 passed in Crl. Revision No.3(2) of 2022 by the learned Sessions Judge, Kailashahar, Unakoti District.

[4] Be it mentioned here, that TS(Partition)-04 of 2022 was filed by the petitioner No.1 against the respondent No.1 and other co-sharers, for amicable partition of the ancestral property described in Schedule-A of the plaint. Schedule-A is the Dokan Vitti, measuring 0.09 acres, recorded under present plot No.562 (old No.314), Khatian No.33, Touji No.24, situated within Mouja-Northy Machmara, Tehsil-Machmara, Revenue Circle- Pecharthal. When the said civil suit is pending for disposal , the respondent No.1 filed one after another complaints before the learned SDM Kailashahar, Unakoti District and on the basis of these complaints, the learned Magistrate, initiated criminal prosecutions against the petitioners either under Section- 107 of Cr. P.C. or under Section-145 of Cr. P.C. [5] It is submitted that the Courts below absolutely failed to consider, that when a civil litigation is pending for same property, in which question of possession is also involved, then a parallel criminal proceeding under Section-145 or Under Section-107 of Cr. P.C. is not maintainable since either of the parties can have ample opportunity to approach civil Court for granting adequate relief, including injunction, appointment of receiver etc, so long the T.S. (Partition) 04 of 2022 is pending before the learned Civil Court. Only on this ground, this Court by invoking Section-482 of Cr. P.C. set aside and quashed the entire proceedings initiated either under Section-107 or under Section-145 of Cr. P.C. against the petitioners by the learned Magistrate, Kumarghat, Unakoti Trtipura, as the continuance of the said proceedings is also amounts to abuse and misuse of the process of law. The respondent No.1 also cause civil dispute into criminal flavor and lodged the malicious complaints against the petitioners.

[19] It has been further submitted that the learned Sessions Court also failed to consider, that, when a civil litigation is pending for same property, in which question of possession is also involved, then a parallel criminal proceeding under Section 145 or U/s-107 of Cr.P.C is not justified since either of the parties can have ample opportunity to approach civil Court for granting adequate relief, including injunction, so long the TS (Partition)- 04/2022 is pending before the learned Civil Court. Only on this ground, the Hon'ble High Court by invoking Section-482 of Cr.P.C, set aside & quashed the entire proceedings initiated either U/s-107 or U/s-145 of Cr.PC against the Petitioners initiated by the learned Magistrate, Kumarghat, Unakoti Tripura, as the continuance of the said proceedings is also amounts to abuse & misuse of the process of law.