MURTI Vs. HUKAM CHAND

JUDGEMENT

(1.) SMT . Murti (hereinafter described as the petitioner) filed a complaint against Hukam Chand (hereinafter described as the respondent) with respect to offences punishable under Sections 417, 420, 468 and 471 of the Indian Penal Code. It was assured that she was the owner of the land situated in the revenue estate of village Chandla Dungarwas and had sold the said land in the year 1989 in the month of October to one Jag Mal Singh.

(2.) THE respondent is alleged to have filed a suit for declaration to the effect that in a family settlement, petitioner has relinquished her interest in the suit land in favour of the respondent. A written statement was filed in that suit by some third person other than the petitioner who admitted the claim of the respondent. The suit as such was decreed on the basis of the admission made in the written statement by that third person.

(3.) AFTER preliminary evidence was recorded, respondents were summoned to face trial for the offences punishable under Sections 417, 420, 468 and 472 of the Indian Penal Code. Respondent appeared and filed an application, dated 11.3.1993 praying that proceedings in the criminal complaint may be stayed because civil suit involving the same dispute is pending. The learned Chief Judicial Magistrate dismissed the application on 24.4.1992. Respondent preferred a revision petition which was allowed by the learned Additional Sessions Judge, Gurgaon on 29.4.1993. The criminal proceedings pending in the complaint filed by the petitioner was directed to be stayed till the decision of the suit filed by her.