JUDGMENT : Deoki Nandan Prasad, J.-This application has been filed under Section 482 of the Code of Criminal Procedure (the Code) for quashing the order dated 19.8.1997 passed by Sri PK Sinha, Judicial Magistrate, 1st Class, Hazaribagh in C. 481/96 T.R. No. 895/97 whereby and whereunder the learned Judicial Magistrate took' cognizance of the offence under Sections 323. 380. 504 of the Indian Penal Code. 2. A complaint case was filed alleging therein that the petitioners entered into a room and assaulted the wife of the complainant. It is also alleged that they took away articles and also a box containing Rs. 5000/-. Enquiry under Section 202 of the Code was held. Though the complaint case was dismissed earlier under Section 203 of the Code but the revision which was filed against the said order was allowed by the learned Additional Sessions Judge and thereafter the case was remanded to the Trial Court who after considering the evidence on record took cognizance by the order impugned. 3. learned counsel appearing for the petitioners submitted that the learned Court below committed error in taking cognizance of the offence against the petitioners as there is no independent witness to support the prosecution case. It is also submitted that there is a land dispute between the parties from before. 4. On the other hand, it is submitted that there is no illegality in the impugned order as the learned Magistrate has rightly took cognizance after considering the evidence as five witnesses examined during enquiry have fully supported the case of the complainant. 5. Obviously five witnesses including the victim have been examined during enquiry and the Court below considered the evidence of the witnesses and also held that the complainant and other witnesses have fully supported the case of the complainant. The witness No. 1 is the wife of the complainant who supported about the assault. 6. At this stage, the Trial Court is only to see as to whether prima facie case is made out or not. From perusal it is evident that the Magistrate considered the entire allegation made in the complaint petition and gone through the evidence and thereafter took cognizance. Hence, this Court, in exercise of power under Section 482 of the Code, should not interfere with the said order. It is well settled that even if there is a civil proceeding pending, the criminal case will continue. Hence, this Court, in exercise of power under Section 482 of the Code, should not interfere with the said order. It is well settled that even if there is a civil proceeding pending, the criminal case will continue. It is also well settled that power of quashing under Section 482 of the Code should be exercised sparingly. Thus there appears no illegality in the impugned order to be interfered with as I find that the learned Magistrate rightly took cognizance of the offence. 7. In the result, I do not find any merit in this application and the same is, accordingly, dismissed.