LAKHBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.217 dated 26.4.2008, registered at Police Station Sadar, Amritsar, under Sections 448, 506, 427, 511, 380, 148, 149 IPC, Annexure P-27. Along with quashing of the FIR, it is prayed that order framing charge, Annexure P-29, dated 6.10.2009 and charge sheet Annexure P-30, dated 6.10.2009, whereby the petitioner was charged for offence under Sections 380, 448, 427 and 506 IPC be quashed. Counsel for the petitioner has made the following submissions :-

(2.) So far as the first argument is concerned, i.e., till the civil court decides the question of title and possession, criminal court should not proceed with the matter, this controversy has been settled by a Five-Judges Bench of the Supreme Court in M.S. Sherif and another v. State of Madras & Ors., 1954 AIR(SC) 397, wherein it was held that as between civil and criminal proceedings, criminal matter should be given precedence. The following observations of the Hon'ble Supreme are required to be noticed :-

(3.) From the above stated observations, it is evident that in the civil court, cases drag for years together and memory of the witnesses fades away. Another akin argument has been raised that the findings of the civil court are binding upon the criminal court. This argument is also fallacious. Section 40 to 44 of the Indian Evidence Act, 1972 state as to which judgments are relevant for a court of law. Section 41 specifically states that a final judgment, order or decree of a competent Court, in the exercise of probate, matrimonial, admiralty or insolvency jurisdiction, which confers upon or takes away from any person any legal character, or which declares any person to be entitled to any such character, or to be entitled to a specific thing, not as against any specified person but absolutely, is relevant when the existence of any such legal character, or the title of any such person to any such thing, is relevant. This controversy is not new. A Full Bench of the Lahore High Court in B.N. Kashyap v. Emperor, 1945 AIR(Lah) 23 held that a criminal court is neither subordinate nor subservient to the civil court. Criminal court can always examine and appreciate evidence which is led before that court.