SANTOKH DASS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner seeks the quashing of the complaint on the ground that the subject matter involved in the matter is already before the High Court by way of second appeal. The matter pertains to two wills executed by Jasbir Kaur, since deceased. First will is dated 22.5.1989. The second will is dated 28.5.1989. It appears that two different set of persons claimed to be beneficiaries under these two wills. Consequently, the matter went to the civil Court in which the question of legality of two wills is under consideration. The civil matter is presently at the stage of second appeal in the High Court. Obviously, therefore, the genuineness and the reliability of the wills in question is seized by the High Court.

(2.) IN the set of these circumstances, one of the beneficiaries filed a complaint on 23.12.1992, and made an allegation that the other side (accused) are relying on the other will for getting certain mutation entries, and thereby they have committed an offence of forgery etc. Thus, the position is that the genuineness of the wills would be the subject matter for consideration in second appeal as well as in the complaint filed, referred above. The counsel for the petitioner brought my attention to the case of Sardool Singh and another v. Smt. Nasib Kaur, 1987 Punjab Legal Reports and Statutes 633. In that case, similar question arose. Their Lordships of the Supreme Court observed that since the civil Court is seized of the question as regards the validity of the will, there was no justification to proceed with the criminal case. In that case Their Lordships were pleased to quash the criminal proceedings, with the observation that the order would not come in the way of instituting appropriate proceedings in the Court.

(3.) IN this case, the Magistrate is already seized of the matter, as well as he has issued summons to the accused. Under these circumstances, in my opinion, the ends of justice would be served by staying further proceedings in the criminal case. The criminal proceedings can proceed further after the decision in the civil matter. Petition disposed of.