DHARAM JEET KHERU Vs. STATE

JUDGEMENT

(1.) the petitioiier, Mr. Dharam Jeet Khera has filed this petition under Section 482 Cr.P.C. read with Article 227 of the Constitution praying for the stay of the proceedings in Criminal Case tided as State Vs. Dhtaram jeet Khera arising out of F.I.R. No. 286 of 1988 of Police Station Malviya Nagar, New Delhi under Section 447 Indian Penal Code

(2.) Earlier the petitioner had filed a petition being Cr.M(M) 1028 of 1989 in this Court for quashing the F.I.R., but the same was dismissed by this Court.

(3.) Learned counsel for the petitioner argued that the complainant, Smt. Mahendra Kumari had also filed a Civil Suit being No. 2303 of 1988 titled as Mahendra Kumari presence of that civil suit, the criminal proceedings under Section 447 Indian Penal Code ., initiated on the basis of the complaint made on behalf of Smt. Mahendra Kumari cannot continue. According tot he learned counsel for the petitioner, these criminal proceedings be ordered to be stayed till the disposal of the civil suit otherwise contrary decisions might come prejudicing the interest of te parties. He relied upon two decisions of this Court reported as Om Prakash Madan vs. State [1989 (1) Delhi Lawyer 203] and Smt. Raminder Kaur Bedi vs. Shri Jatinder Singh Bedi [1988 (2) Delhi Lawyer 348] in support of his contention that a party should not be permitted to litigate before a criminal court when the civil suit is pending.