IMPORTANT POINTS
Findings of fact recorded by the Civil Court do not have any bearing so far as the criminal case is concerned and vice-versa.
Unexplained delay in lodging FIR must be fatal.

JUDGMENT

Dr. B.S. Chauhan, J. —

1. Leave granted.

2. This appeal has been preferred against the Judgment and Order dated 13.02.2009 of the Punjab & Haryana High Court at Chandigarh in Criminal Misc. No. 4136 of 2003, wherein the First Information Report (for short, “FIR”) dated 23.07.2002 lodged by the appellant under Sections 420/423/467/468/471/120-B of the Indian Penal Code, 1860 (hereinafter called as, “IPC”) has been quashed placing reliance on the decree of Civil Court between the same parties in respect of the same subject matter.

3. The only question for our consideration involved in this appeal is as to whether criminal proceedings can be quashed by the High Court relying upon a finding of Civil Court on an issue involved in criminal proceedings in respect of the same subject matter.

4. Facts and circumstances giving rise to this case are that one Kishori Lal executed an Agreement to Sell dated 4.1.1988 in favour of Respondent Nos. 1 to 4 for land measuring 114 Kanals, 2 Marlas situate in the revenue estate of Mauza Jadali, Tehsil Khanna, Punjab, at the rate of Rs. 11000/- per bigha. Kishori Lal had received a sum of Rs. 1 Lakh as Earnest Money from the said respondents. The said land had already been mortgaged with the said respondents for Rs. 52000/-. As per the terms of the said Agreement dated 4.1.1988, the sale deed was to be executed and registered by 10th June, 1989. Kishori Lal entered an Agreement to Sell dated 22.10.1988 with Kishan Singh, predecessor-in-interest of the appellants, in respect of the same land at the rate of Rs. 15300/- per bigha and received a sum of Rs. 54000/- as earnest money. As per the said agreement, the sale was to be executed and registered by 15.06.1989.

5. Respondent Nos. 1 to 4 filed suit No. 60 of 1989 against Kishori Lal in Civil Court, Ludhiana for specific performance and got an interim relief restraining Kishori Lal to alienate the suit land in favour of anyone else by any manner. Sh. Kishan Singh, father of the appellants, filed Civil Suit No. 81 of 1996 against Kishori Lal for specific performance on 6.2.1996, however, the suit filed by the respondent Nos. 1 to 4 against Kishori Lal was decreed in their favour vide Judgment and decree dated 8.5.1996 and in pursuance thereof, the sale has been executed by Kishori Lal in favour of the respondent Nos. 1 to 4 on 17.05.1996.

6. Being aggrieved, Kishan Singh, predecessor-in-interest of the appellants, filed suit No. 1075 of 1996 seeking cancellation/setting aside of the decree dated 8.5.1996 passed in favour of respondent Nos. 1 to 4. The said Civil Suit stood dismissed by the Civil Court vide Judgment and decree dated 10.06.2002 against which, the appellants have preferred Regular First Appeal (for short, “RFA”) No. 2488 of 2002 before the High Court, which is still pending.

7. Kishan Singh, predecessor-in-interest of the appellants, filed FIR No.144 dated 23.07.2002 under Sections 420/423/467/468/120-B IPC at Police Station Division No. 8, Ludhiana alleging forging of the signatures of Kishori Lal on the agreement to sell dated 4.1.1988.

8. The respondents preferred a Criminal Misc. No. 4136-4 of 2003 before the High Court for quashing of the FIR No. 144 dated 23.07.2002 and proceeding subsequent thereto, on the ground that appellants had lodged it after losing the civil case and with inordinate delay. Findings on factual issues recorded in civil proceedings are binding on criminal proceedings. The High Court, vide its Judgment and order dated 13.02.2009, allowed the said application and quashed the FIR on the ground that the appellants could not succeed before the Civil Court and findings have been recorded by the Civil Court to the effect that the document i.e. agreement to sell was not forged or fabricated. Hence, this appeal.

9. Sh. K.T.S. Tulsi, learned senior counsel appearing for the appellants, has submitted that there is no prohibition in law for simultaneously pursuing the civil as well as criminal remedies availabl