URMILA DEVI Vs. SURINDER PAL

JUDGEMENT

(1.) RESPONDENTS No. 3 has since expired. This is a criminal revision and has been directed against the order dated 22.10.1997 passed by the Sub-Divisional Judicial Magistrate, Khanna, who allowed the application of the accused and stayed the proceedings of the criminal complaint titled Urmila Devi v. Surinder Pal and another, till the final decision of the civil suit Urmila Devi v. Surinder Pal and another and Surinder Pal and another v. Urmila Devi, pending in the Court of Civil Judge, Senior Division, Khanna.

(2.) URMILA Devi filed a criminal complaint under Sections 193, 423, 468, 471 read with Section 34 IPC, against Surinder Pal and four others. During the pendency of this Criminal complaint, an application was moved on behalf of the respondents for the stay of the criminal proceedings on the allegations that the complaint which had been filed by Urmila Devi is false. In fact, the deceased Jang Singh had duly executed an agreement to sell dated 7.11.1987 in favour of respondents 1 and 2. The complainant had filed a suit for redemption against accused 1 and 2. In that suit titled as Urmila Devi v. Surinder Pal and others, a written statement has been filed and the agreement of sale dated 7.11.1987 has also been produced and the ownership of the complainant has been denied. Respondents 1 and 2 have also filed a suit for specific performance against the complainant on the basis of the agreement dated 7.11.1987 and that suit is also pending adjudication. In short, the submissions made by the respondents was that the agreement dated 7.11.1987 was the subject matter of two suits; one filed by the complainant and the other filed by the respondents. Finally, it was prayed by the respondents for the stay of the proceedings in the criminal complaint till the disposal of the civil suit. This revision of the respondents was contested and the learned Sub Divisional Judicial Magistrate, Khanna, for the reasons stated in the impugned order dated 22.10.1997 stayed the criminal proceedings. Aggrieved by the said order, the present revision.

(3.) WHETHER the civil and criminal proceedings can go parallel to each other or not will be the primary point for adjudication.