SUDHARANI AGRAWAL Vs. SURENDRA

JUDGEMENT

(1.) BEING aggrieved by the order dated 16-12-2002, passed by ADJ, Jabalpur in C. S. No. 1-B/2001 allowing the application under Section 151, CPC for stay of suit, this revision under Section 115, CPC is preferred by the petitioner.

(2.) MADHU was married to respondent Surendra. Respondent Ashadevi, Basant Kumar, Ramkumar and Shiv Kumar are family members of respondent Surendra Kumar. As a result of harassment and demand of dowry, Madhu committed suicide on 19-4-2000. Therefore, on a complaint made to the police, criminal case was registered against the respondents. Respondents were tried in S. T. No. 194/2000, Court of ASJ, Jabalpur for offence under Sections 498-A and 304-B of IPC. Vide judgment dated 27-8-2001 respondents were acquitted of the charge under Section 304-B, IPC. However, respondents Surendra and Smt. Ashadevi on conviction under Section 498, IPC, were sentenced to R. I. for a period of three years and pay fine of Rs. 5,000/ -. Against the conviction and sentence, respondents Surendra, Ashadevi have preferred a criminal appeal pending in High Court. Plaintiff/petitioner Sudharani being mother of Madhu instituted C. S. No. 1-B/2001 (Annexure P-1) in the Court of 4th ADJ, Jabalpur for recovery of Rs. 13,21,000/- towards Stridhan of Madhu and damages etc. The suit has been resisted by the respondent by filing written statement (Annexure P-2 ). After framing of issues when the trial was at the stage of evidence, respondent filed application (Annexure P-4) under Section 151, CPC requesting to stay the proceedings of C. S. as the criminal appeal arising out of the judgment passed in S. T. No. 194/2000 has been preferred by the respondents Surendra and Smt. Ashadevi and the same is pending in the High Court. This petition was contested by the petitioner, however, vide impugned order dated 16-12-2002 it was allowed and suit has been stayed under Section 10 of CPC till the decision of criminal appeal arising out of judgment passed in S. T. No. 194/2000. Being aggrieved, this revision is preferred on the ground that the order impugned suffers from material irregularity.

(3.) CIVIL proceedings can be stayed under Section 151, CPC when criminal proceedings in respect of same subject-matter is pending on the ground that the continuance of civil proceedings would embarrass and prejudice the accused in effectively contesting the criminal case. C. S. No. 1-B/2001 (Ex. P-1) has been instituted and the respondents have filed their written statement (Annexure P-2), the issues were settled and at the stage of evidence application for stay of suit (Annexure P-4) was filed. Trial in S. T. No. 194/2000 in the Court of ASJ, Jabalpur since has been concluded. Respondents Surendra, Ashadevi have been convicted under Section 498, IPC. The appeal against the conviction/sentence has already been preferred and is pending in High Court. It cannot be said that the proceeding in instant suit would embarrass and prejudice the respondents in effectively contesting the criminal case, i. e. , appeals arising out of conviction the sentence/acquittal are in High Court. S. T. No. 194/2000 since has been disposed of vide judgment dated 27-8-2001, no embarrassment, prejudice would be caused to the respondents. In the judgments Sheetal K. Bandi v. Rishi, reported in 1998 (2) MPLJ-Note 6 and Anand Bakshi v. Tanviruddin Rizvi, 2002 (4) M. P. H. T. 65 (CG), it has been held that pendency of civil suit cannot be the impediment to proceed with the civil suit.