VIKRAM Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) BY this criminal misc. petition, a prayer is made for quashing of FIR No. 99/2004 registered with Police Station - Patan, Sikar for offence under sections 420, 467, 468, 471 and 120B IPC. Learned counsel for petitioner submits that allegations in the FIR are for creation of fraudulent will and its registration to get the land of the deceased. The will was subject matter of suit filed by the petitioner and has been decreed. Therein, will is held to be genuine. In view of the finding of the civil court, impugned FIR deserves to be quashed. It is in the light of the judgment of the Hon'ble Supreme Court in the case of "Sardool Singh & Anr. v. Smt. Nasib Kaur", : 1987 (Supp) SCC 146. Therein, while validity of will was sub -judice in a suit, criminal case for the same allegation was not allowed to proceed. In the instant case, petition stands on better footing because not only the civil case was instituted but it has already been decreed in favour of the petitioner.

(2.) LEARNED counsel has further cited judgment of the Hon'ble Supreme Court in the case of "Ram Sumer Puri Mahant v. State of UP & Ors.", : AIR 1985 SC 472. Therein, proceeding under section 145 Cr.P.C. was not allowed during pendency of civil litigation.

(3.) REFERENCE of the judgment of Hon'ble Supreme Court in the case of "VM Shah v. State of Maharashtra & Anr.", : (1995) 5 SCC 767 has also been given, where, the judgment of the civil court was given credence over the criminal court.