IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.49218 of 2007 1. Mohan Choudhary, S/o Late Mathura Chaudhary. 2. Byas Chaudhary @ Byas Yadav, S/o Late Mathura Chaudhary. 3. Sharda Yadav, S/o Dwawrika Yadav. 4. Birendra Yadav, S/o Dwarika Yadav. 5. Ash Karan Yadav, S/o Late Bal Bacchan Yadav. All are resident of Village Rampur Kala, P.S. Bhorey, Distt. Gopalganj. ---------- Petitioners Versus 1. State of Bihar. 2. Ramdeo Chaudhary, S/o Mahangu Chaudhary, R/V Rampur Kala, P.S. Fulwaria, Distt. Gopalganj. ------- Opposite Parties ----------- 4 29.03.2010 Heard learned counsel for the parties. At the end of the day, if every word said in the complaint petition is also believed, even then it would remain out and out a case of civil dispute for which the opposite party no.2 had already filed a Title Suit No. 442 of 2006 prior to the institution of the complaint case. It is this aspect of the matter which has impressed upon this Court while issuing notice by an order dated 26.2.2009 and today learned counsel for the opposite party no.2 was not in a position to make this Court to take a different view. Thus, keeping in view that it is the findings of the civil court which is binding on a criminal court, the continuance of the 2 prosecution in the circumstances would amount to gross abuse of the process of the court. Accordingly, the criminal prosecution including order taking cognizance against the petitioners in this case is hereby quashed. It is, however, made clear that the present order will have no adverse effect on the pending title suit between the parties. It goes without saying that if the opposite party no.2 succeeds in the title suit, he will have all remedies open in law to which he is entitled. Rsh (Mihir Kumar Jha, J.)