IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21064 of 2007 1. Lal Muni Devi, D/o late Tileshwawr Rai, Wife of Mahendra Rai, Resident of Village Bishunpur Basant @ Subhai, P.S. Hajipur Sadar, Distt. Vaishali. 2. Radha Devi, Daughter of Late Tileshwar Rai & Wife of Chandrika Rai, Resident of Village Fakeerabad, P.O. and P.S. Sonepur, Distt. Saran at Chapra. 3. Urmila Devi, Daughter of late Tileshwar Rai and Wife of Dharamnath Rai, Resident of Village Salempur, P.S. Dharhara, P.s. Hajipur Sadar, Distt. Vaishali. 4. Bijay Rai, Son of Aaitwari Rai. 5. Harendra Rai, Son of Aaitwari Rai. Both serial no.4 and 5 are resident of Village Ineyatpur Prabodhi, P.S. Sarai, Distt. Vaishali. 6. Ram Nath Bhagat, Son of late Satya Narayan Bhagat, Resident of Village Inayatpur Prabodhi, P.S. Sarai Distt. Vaishali. 7. Chandrika Rai, Son of Bhola Rai, Resident of Village fakerabad, P.S. Sonepur, Distt. Saran. 8. Dharamnath Rai, Son of Ram Narayan Rai, Resident of Village Salempur, P.O. Dharhara, P.S. Hajipur Sadar, Distt. Vaishali. -------- Petitioners Versus 1. State of Bihar. 2. Ambika Devi, Wife of Kedar Rai, Resident of Village Inayatpur Prabodhi, P.S. Sarai, Distt. Vaishali. ----- Opposite Parties ----------- 4 29.1.2010 Heard learned counsel for the petitioners and counsel for the State. Despite service of notice on opposite party no.2, no one appears her behalf. Learned counsel for the petitioners would submit that a bare perusal of the complaint petition would go to show that the dispute in hand is out and out a civil dispute with regard to the execution of a sale deed and a title suit for the same is pending between the parties. Counsel further submits 2 that this Court has already quashed the prosecution as against the co-accused Juttan Rai by an order dated 15.3.2007 in Cr. Misc. No. 31870 of 2006. Considering the fact that the allegation in the complaint petition is purely a civil dispute for which a title suit is already pending between the parties and this Court, having also found that the prosecution of co- accused Juttan Rai has already been quashed, would follow the same course. Consequently, this application is allowed and the order taking cognizance, so far it relates to the petitioners, is hereby quashed. Rsh (Mihir Kumar Jha, J.)