1. Brahamdeo Rai and five others have filed this application for quashing the entire criminal proceeding of Complaint Case No. 736C/2000, pending in the court of Sri V.S. Dubey, J.M. 1st Class, Patna, as Tr. No. 1088/2000.

2. Heard learned counsel for the parties.

3. O.P. No.2 Dukhan Rai lodged an F.I.R. on 6.12.1998 bearing Phulwari (Parsa Bazar) P.S. Case No. 474/1998 under Sections 307, 379, 504/34 I.P.C. as also under Section 27 of the Arms Act to this effect that on 5.12.1998 at 8 A.M. when the informant had gone to see his paddy field, he noticed indulgence of accused persons in cutting paddy crops and on protest the accused persons fired with an intention to kill him, but they managed to escape. Cause of such occurrence is a piece of land mentioned in the complaint petition. Police on conclusion of investigation submitted Final Report treating it to be a case of civil dispute.

4. Submission has been advanced that already a Title Suit bearing Title Suit No. 94/1993 is pending between the parties. So, the very continuance of the criminal proceeding would amount to an abuse of process of law.

5. It appears from the record that a protest-cum-complaint petition was also filed ag