SHIV KUMAR GUPTA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) IN this petition for the quashing of the F.I.R. No. 91, dated August 30, 1986, registered against the petitioner under sections 447, 427, 379 and 506, Indian Penal Code, in Police Station, Kharar, I need rot go into the detailed facts for the simple reason that the parties are already litigating in the Court of Sub Judge 1st Class, kharar in Case No. 412 of 28.8.1935 with regard to their claims to the disputed property. The said Court has already granted a temporary injunction in favour of the plaintiffs, i.e. respondent No. 2, vide order dated August 28, 1986 (Annexure P. 5). It is also not disputed that the fate of the criminal case registered against the petitioner would depend upon the findings of the civil court with regard to the possession of the disputed property wherefrom the petitioner is alleged to have cut and removed certain euclalyptus trees, on August 27, 1986, i. e only a day prior to the filing of the above noted suit.

(2.) IN the light of the facts and circumstances noted above, I deem it proper that instead of quashing the F.I.R. at this stage, the interest of justice would be better served if further investigation into the matter by the police or the launching of the criminal prosecution against the petitioner is stayed till the finalisation or crystalisation of the rights of the parties in the light of the judgment of the civil Court. I order accordingly. The petition thus stands disposed of.