SARV BANDHU Vs. STATE OF J&K

JUDGEMENT

(1.) The petitioners seek quashment of FIR No.30/2016 registered with Crime Branch, Jammu for offences including 419, 420, 465, 467, 468, 471 and 120-B RPC read with Sec. 5(2) Prevention of Corruption Act. The petition mentions the civil cases pending between the petitioner and respondent No.2 and also certain criminal proceedings initiated by the parties, in addition to the one which is under challenge in the present petition. The sum and substance of the present petition is that the civil case pertaining to Adoption Deed dtd. 2/6/1989 is pending disposal before the Court of learned City Judge, Jammu, therefore, the FIR filed by the respondent and under challenge in this petition is only an abuse of the process of law.

(2.) The learned counsel appearing for the petitioners submits that the parties are litigating in different courts of law and the present FIR is filed with a purpose to harass the petitioners.

(3.) The learned counsels appearing for the respondents submit that the FIR in question is pertaining to the Adoption Deed dtd. 2/6/1989 and the forgery committed in respect of the said Adoption Deed is in picture. The civil proceedings pending between the parties shall not come in the way of the respondents to pursue the remedy by way of criminal proceedings.