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2005 Supreme(SC) 1412

R. C. LAHOTI, G. P. MATHUR, P. K. BALASUBRAMANYAN
KUNJBIHARI – Appellant
Versus
BALRAM – Respondent


ORDER

1. Leave granted.

2. It is not disputed that the property forming the subject-matter of proceedings under Section 145 of the Code of Criminal Procedure (CrPC) was the subject-matter of civil suit between the parties. The rights of the parties have been adjudicated upon by the civil court. An execution petition filed by the respondents herein was also dismissed in view of the e adjudication of rights by the civil court based on a compromise. Inasmuch as the rights of the parties stand settled by a compromise decree taken on record of the court during the pendency of civil proceedings inter parties, none of the parties is justified in reagitating the same issue. The parties must respect the decree of the court. In spite of the civil proceedings having achieved finality, it appears that proceedings under Section 145 CrPC were initiated. The f appellant sought the proceedings being dropped in view of the civil court's decree. As that prayer was not acceded to, the appellant approached the High Court under Section 482 CrPC seeking quashing of the proceedings under Section 145 CrPC. The petition has been rejected by the High Court forming an opinion that in spite of the civil court's


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