JAGPAL KAUR Vs. INDERJEET SAROOP

JUDGEMENT

(1.) The respondent has initiated criminal proceedings against the petitioners. By this petition under Section 482 of the Code of Criminal Procedure, the petitioners have prayed that criminal proceedings pending against them be quashed. In prayer (B), it is mentioned that the proceedings of the cases mentioned in Annexure-19 may be stayed. The details as mentioned in Annexure-19 are set out as under:

(2.) Annexure 19 admittedly includes Civil Suit no. 336/89 pending in the Court of Shri P.D. Gupta, Senior Sub Judge, Delhi. The suit pertains to mandatory injunction. In proceedings under Section 482 of the Code of Criminal Procedure, civil suit pending before the trial court cannot either be stayed or dismissed.

(3.) The petitioners and respondent are brothers and sisters. This unfortunate litigation amongst the close family members is bitter, acrimonious, virulent and venomous. This court has made earnest efforts to resolve the differences amongst the family members and the matter has been adjourned for recording fair, reasonable and honourable settlement and compromise between the parties, but in spite of the best efforts of the court, compromise could not have been arrived at.