IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.50572 of 2007 1. Devendra Singh, son of Braham Deo Singh 2. Brahamdeo Singh, son of late Pradeep Singh. Both residents of village Mohabbatpur, P. S. Sekhopur Sarai, District- Sheikhpura. 3. Janardan Singh, son of late Raghu Singh, resident of village- Deora, P. S. & District- Sheikhpura. 4. Sidheshwar Singh, son of late Pradeep Singh, resident of village- Mohabbatpur, P. S. Shekhopur Sarai, District- Sheikhpura. .. Petitioners. Versus 1. State Of Bihar 2. Sailendra Kumar, son of Hari Singh, resident of village- Mohabbatpur, P. S. Sekhopur sarai, District- Sheikhpura. .. opposite parties. ----------- 3. 30.03.2010 Heard Mr. Anjani Kumar, learned counsel for the petitioners and learned counsel for the State. Despite service of notice on opposite party no. 2 and in fact after filing of his vakalatnama through Sri Jitendra Kumar, Advocate and Sri Bhawesh Kumar, Advocate, no one has appeared today to oppose the prayer made in this application. This Court in fact having heard Mr. Anjani Kumar, learned counsel for the petitioners as also taking into consideration the averments made in the complaint petition is fully satisfied that the dispute in hand is out and out a civil dispute inasmuch as the sale deed executed whether in excess of share or whether having no right can 2 never be made subject matter of the criminal case. Mr. Kumar, in fact has also informed this court that the issue as with regard to validity of sale deed is also pending in Title Suit No. 51 of 2003 before learned Sub Judge-I, Sheikhpura wherein the complainant is plaintiff and the petitioners are defendants and that such title suit had already been filed by the complainant opposite party no. 2 well before institution of the complaint case. Considering the aforementioned facts and circumstances, and specially that the dispute is out and out a civil dispute, this Court would allow this application and quash the impugned order taking cognizance as also the entire proceeding of the petitioner in the connected complaint case. Kanchan (Mihir Kumar Jha, J.)