IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29766 of 2007 Mahabati Choudhrayan, Wife of Akhileshwar Chaudhary, Resident of Village Baturbari, P.S. Tarabari, District Araria. ----- Petitioner Versus 1. The State of Bihar. 2. Prithibi Nath Yadav, S/o Late Gokul Nath Yadav (Mandal), Resident of Village Parbatta-Itahi, P.S. Kurshakanta, District Araria. ---- Opposite Parties ----------- 5 18.8.2009 Heard learned counsel for the petitioner and counsel for the opposite party no.2. There is no doubt as with regard to the alleged transaction of sale of land inasmuch as the complainant-opposite party no.2 has already filed a civil suit seeking specific performance of contract vide Title Suit No. 4 of 2003 as has been also admitted by the complainant-opposite party no.2 in his counter affidavit. Thus, when for the identical cause of action and in fact for the same alleged breach of trust, the opposite party no.2 had rightly taken steps for getting the land registered by seeking a decree of specific performance in the aforementioned Title Suit No. 4 of 2003, filing of a subsequent complaint case on 24.3.2003 would clearly amount to abuse of process of the Court. That being so, the order taking 2 cognizance and the entire proceedings of the complaint case, in question, is quashed. It is, however, made clear that quashing of the criminal prosecution in no way will affect the right of the opposite party no.2 in contesting the civil suit which will be decided on its own merit. Rsh (Mihir Kumar Jha, J.)