DEBOBROTO DUTTA Vs. SUNANDA GHOSH

JUDGEMENT

(1.) Heard Mr. M.D. Singh 'Shekhar' learned senior counsel assisted by Mr. R.D. Tiwari for the petitioners, Mr. Rohitashav Chakraborty for the respondent no. 1 and learned AGA for the respondent no.1 and perused the record.

(2.) This is a petition under section 482 CrPC for quashing the proceedings of complaint case no. 22151 of 2010 (Km. Sunanda Ghosh vs. Debobroto Dutta & others), pending under sections 420, 467, 468 and 471 IPC in the court of Chief Judicial Magistrate, Allahabad.

(3.) Mr. M.D. Singh 'Shekhar' submitted that according to the averments made in the complaint,the dispute was of civil in nature, therefore, criminal proceedings against the petitioners was not maintainable. Learned counsel further submitted that no doubt in the original suit no. 747/2001, Smt. Madhuri Ghosh and another vs. Debobroto Dutta and another, the disputed will had been quashed but the appeal against the judgment of the lower court is still pending, therefore the judgment of the civil court had no relevance for passing the summoning order in favour of the respondent no.1. Mr. M.D. Singh 'Shekhar' next submitted that so long the civil suit was not decided finally, the initiation of criminal proceeding was not permissible in law. Mr. Shekhar lastly submitted that according to the facts and circumstances of the case the dispute was of civil in nature.