IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43378 of 2007 BIRENDRA KUSHWAHA, son of Late Krishna Prasad, resident of Mohalla- Koiriya tola, Raxaul, P. S. Raxaul, District- East Champaran at Motihari. … Petitioner. Versus 1. STATE OF BIHAR 2. Gayatri Devi, w/o Shree Prakash Chandra Gupta, resident of village- Laxamipur, P. S. Raxaul, District- East Champaran. …Opposite parties. ----------- 4. 19.03.2010 Heard counsel for the petitioner. No one appears on behalf of the opposite party no. 2. From a bare reading of the complaint petition it would be clear that the allegations revolves around the issues relating to breach of terms of an agreement for sale for conveying the land. Such issue can definitely be gone into only in a properly constituted suit for specific performance before a Civil Court. In the circumstances continuation of criminal proceedings against the petitioner would itself amount to gross abuse of the process of the court. That being so, impugned order dated 21.8.2007 passed in Tr. No. 1683/07 and the resultant criminal proceedings in the complaint case are hereby set aside. With the aforesaid observations this application is allowed. kanchan (Mihir Kumar Jha, J.)