KULDIP KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present petition has been filed under Section 482 Cr.P.C. for quashing of criminal proceedings pending against the petitioner under sections 420/467/468 and 471 I.P.C. bearing F.I.R. No. 40 dated 22.2.1989 P.S. Panchkula. First Information Report was registered on the basis of an application filed by one Moti Ram before the Estate Officer, HUDA, in which he had stated that a plot was allotted to him by HUDA (Haryana Urban Development Authority) vide letter No. 6723 dated 30.5.1983. Moti Ram had a talk with one Kuldip Kumar for transfer of said plot and for this purpose, an application dated 17.3.1987 was submitted by him with the HUDA on the basis of aforesaid letter, permission to transfer the said plot was given vide letter No. 6894 dated 16.4.1987, whereby he was asked to complete certain formalities. Later on Kuldip Kumar in connivance with postal authorities submitted letter dated 16.7.1987 on which the signatures of Moti Ram were forged. On the basis of these two letters, Kuldip Kumar got the plot in question transferred in his name fraudulently. After completing necessary formalities, the prosecution presented challan against the petitioner before the Judicial Magistrate. On an application submitted by the petitioner, he was discharged by the Judicial Magistrate vide order dated 20.8.1991. Revision petition filed by Moti Ram against this order was allowed by Addl. Sessions Judge vide order dated 17.12.1992 and order of Judicial Magistrate was set aside, thereby directing the petitioner to appear before the Judicial Magistrate. Criminal Revision filed against this order too was dismissed. Quashing of the criminal proceedings has not been sought on the ground of pendency of civil suit relating to this very property. It has been stated that Moti Ram has filed civil suit for declaration that he is owner of the plot in question which was got transferred by the petitioner in his own name fraudulently by submitting forged, fabricated and fictitious documents. Counsel has, thus, contended that it would be an exercise in futility in case criminal proceedings are allowed to continue.

(2.) HAVING heard the learned counsel, I am of the view that no case is made out to quash the criminal proceedings, but certainly till the decision of civil suit these proceedings are liable to be stayed. It is not denied by the respondent in reply that Moti Ram has filed civil suit No. 383 of 25.8.1989 in regard to plot No. 254-P, Sector 12-A, Panchkula, i.e. the property which is the subject-matter in F.I.R., for declaration to the effect that he is owner of this plot and in para 11 of the plaint, it has been alleged that plot was got transferred fraudulently by submitting forged, fabricated and fictitious documents. The matter in controversy in the complaint as well as in civil suit is identical, i.e. whether the petitioner got the plot in question transferred in his name by submitting forged, fabricated and fictitious documents. Since the Civil Court is already seized of the matter, it would be the fate of criminal complaint which would depend on the decision of civil suit. Therefore, in these circumstances, proper course would be to stay further criminal proceedings till the rights of the parties crystallize before the Civil Court.