JUDGMENT : 1. Shri Paritosh Trivedi, Advocate for the applicants. Shri Amod Gupta, Advocate for the respondent No. 1. Shri G. S. Thakur, Panel Lawyer for the respondent No. 2. Heard the learned counsel for the parties finally. 2. Applicants have moved the present application under section 482 of Criminal Procedure Code against the order dated 14-12-2010 passed by the CJM, Dindori in Regular Criminal Case No. 41/2011 whereby a complaint case has been registered against the applicants of offence under section 379 of Indian Penal Code. 3. The brief facts of the case are that on 4-2-2007 the applicants ripen the crops of masoor from the land bearing Survey No. 259/2 in Moja Madiyaras in Tashil Dindori from the possession of the complainant/respondent No. 1, and therefore a complaint case was registered of offence under section 379 of Indian Penal Code. 4. In connected petition i.e. M.Cr.C.No. 13317/2009 by perusal of the order of the SDM, it is apparent that the applicants are in possession of the land bearing Survey No. 259/6 and they have ripen the crop of masoor from that land. The entry of Survey No. 259/2 in the name of the respondent No. 1 was done due to mistake as expressed by the SDM concerned and the Tahsildar Dindori has also given a similar report. Hence, prima facie it cannot be said that the applicants had ripen the crop of masoor from the land bearing Survey No. 259/2. Actually they took the crop from the land bearing Survey No. 259/6 and since they were in possession of that property, no offence under section 379 of Indian Penal Code is made out against the applicants. 5. It appears that due to wrong entry in the revenue record, respondent No. 1 thinks that the land which bears the Survey No. 259/6 is her land, being bearing Survey No. 259/2, which is registered in the name of respondent No. 1, and therefore such a complaint has been lodged with the allegation that applicants took her crop sown on the land. If crop was sown on the land bearing Survey No. 259/6, then there is no question of theft committed by them. The various documents which are filed in the present petition, were not available to the CJM Dindori and the complaint was registered. If crop was sown on the land bearing Survey No. 259/6, then there is no question of theft committed by them. The various documents which are filed in the present petition, were not available to the CJM Dindori and the complaint was registered. Under these circumstances, it is a good case in which inherent powers under section 482 of Criminal Procedure Code may be invoked in favour of the applicants. 6. Consequently, the present petition filed by the applicants under section 482 of Criminal Procedure Code is hereby allowed. The proceeding of Criminal Case No. 41/2011 pending before the CJM, Dindori are hereby quashed. The trial Court is directed to drop the proceeding. The respondent No. 1 shall examine the actual position of the land bearing Survey No. 259/2 and thereafter she may move before the civil Court to get possession of the land on the basis of the title. 7. A copy of this order be sent to the Courts below for information and compliance.