IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10725 of 1998 1. Nawal Kishore Singh, Son of late Tarani Singh, Village Jamsi, P.S. Lodipur, District Bhagalpur. 2. Hira Devi, Wife of late Anirudha Prasad, Resident of Village Jamsi, P.S. Lodipur, District Bhagalpur. 3. Raj Kamal Singh, Son of late Aniruddha Prasad Singh, Village Jamsi, P.S. Lodipur, District Bhagalpur. 4. Krishna Kumar Singh, Son of late Aniruddha Prasad Singh, Village Jamsi, P.S. Lodipur, District Bhagalpur. ------- Petitioners Versus 1. The State of Bihar. 2. Shobha Devi, Wife of Sri Baijnath Singh, Village-Itahana, P.S.-Barahara, District-Shahabad (Arrah), at present East of Ashok Nagar, Road No. 14A, P.S. Kankarbagh, District Patna. ------------ Opposite Parties ----------- 11 1.9.2009 From bare reading of the complaint petition, it would appear that the dispute in hand relates to certain execution of the sale deed and the discrepancy therein. Obviously, such dispute is absolutely one of the civil in nature and consequently, the impugned order taking cognizance must be held to be bad on this ground alone. Accordingly, the impugned order taking cognizance and the consequential proceeding arising out of Complaint Case No. 191 of 1997 is hereby quashed. It is, however, made clear that the quashing of a criminal prosecution will not come in the way of the complainant-opposite party no.2 to get the rights settled by a competent civil court. Rsh (Mihir Kumar Jha, J.)