(1.) THIS is a petition under Section 482 Cr.P.C. for quashing the FIR No. 71 dated 16.6.1999 registered at P.S. Kotwali Amritsar for offence under Sections 420/415/417/419/423/120-B IPC.
(2.) WHEN this petition came up, for hearing on 2.6.2000, learned counsel for the petitioners made a statement that he does not press this application for quashing but restricts his prayer only for the stay of criminal proceedings till the disposal of the civil proceedings with reference to the same subject matter.
(3.) ON the other hand, Mr. T.N. Gupta, Advocate for the respondent raised a preliminary objection that the petition is not maintainable as the petitioner has not come to the court with clean hands. he submitted that petitioners have suppressed material facts from the court. He further submitted that the report under Section 173 Cr.P.C. has been presented before the Illaqa Magistrate and the petitioners have appeared before the trial Court and case was fixed for consideration of charge on 17.5.2000 whereas the present petition has been filed on 29.5.2000 and petitioners have not disclosed the entire facts in this petition. He also submitted that respondent has filed a suit for declaration prior to the filing of this petition. He submitted that when the respondent has committed an offence, then there is no bar that criminal proceedings cannot continue. In support of his submissions, he placed reliance on M.S. Sherrif and Anr. v. State of Madras and Ors., AIR 1954 SC 397, M. Krishnan v. Vijay Singh and Anr., 2001(4) RCR 406, Kamladevi Agarwal v. State of West Bengal, 2001(4) RCR 522.