RAMESHWAR Vs. RAJESHWAR PRASAD SAHU

JUDGEMENT

(1.) This is a petition under Section 482 of the Code of Criminal Procedure, 1973 (for short 'the Code') for quashment of criminal proceeding pending before the Court of Judicial Magistrate First Class, Surajpur in Criminal Complaint Case No. 364/2004 instituted at the instance of the respondent for the offence punishable under Sections 419, 420, 205, 471, 465, 467, 468, 294, 506- B & 323 of the IPC against the petitioners.

(2.) Quashment of criminal proceeding is prayed on the ground that on the basis of same set of facts the alleged father of the complainant/respondent herein had filed a civil suit in the year 1998 and after lapse of more than three years from the date of alleged execution of sale deed, filing of criminal complaint relating to the act committed by the petitioners herein against deceased Purushottam in the year 1998, is only abuse of the process of the Court.

(3.) Brief facts giving rise to this petition are that one Purushottam (since deceased) had filed civil suit in the year 1998 against the petitioners herein & other persons for declaration of title and injunction in which it has been pleaded that the petitioners herein have got executed the sale deed dated 25-9-1997 of the land belonging to him by committing forgery and presenting some fake person as Purushottam which has been specifically denied by the petitioners herein. According to the case of the respondent herein, on 3-4- 2000 Purushottam had executed will deed in favour of the complainant/respondent herein and after the death of Purushottam, the present complaint was filed against the petitioners and two others for the offence punishable under Sections 419, 420, 205, 471, 128, 465, 467, 468, 294, 506-B, 323 of the IPC & 82 of the Registration Act. After making enquiry under Chapter-XV of the Code, learned Judicial Magistrate First Class registered case against the petitioners vide order dated 6-5-2002 in connection with offence punishable under Sections 419, 420, 205, 471, 465, 467, 468, 294, 506-B & 323 of the IPC. Process has been issued, the petitioners have made their appearance and filed this petition on the ground that firstly, civil suit has been filed and during the pendency of such civil suit in absence of any admitted fact, criminal proceeding is not maintainable and the same is abuse of the process of the Court.