IMPORTANT POINT
When suit filed by respondent for cancellation of sale deed is pending consideration before competent court of law, respondent cannot pursue his complaint in criminal proceedings by improving his case.

JUDGMENT

R.Subhash Reddy,J.

1. Leave granted.

2. This Criminal Appeal is filed by the accused in Complaint Case No.708 of 2012, registered in Police Station, Kaimganj, District Farrukhabad, Uttar Pradesh, for alleged offence under Sections 418, 419, 420, 467, 468 and 471 IPC, aggrieved by an order dated 12th March, 2018 passed by the High Court of Judicature at Allahabad in Criminal Miscellaneous Application No.5684 of 2016. By the aforesaid impugned order, application filed by the appellant herein under Section 482 Cr.P.C. is dismissed by the High Court.

3. We have heard Sri Prashant Bhushan learned counsel assisted by Sri Omanakuttan K.K. and Sri Cheryl D’Souza, Advocates, for the appellant and Sri Sudarshan Rajan, learned counsel for the 2nd respondent/complainant.

4. The dispute relates to plot No.102 (measuring 0.101 hectare) which has been renumbered as plot No.102/2 situated in Yahiyapur, Post Kaimganj, Pargana Kampil, Tehsil Kaimganj, District Farrukhabad, U.P. Originally, the aforesaid plot was owned by the father of the 2nd respondent late Faheem Ali Khan and the appellant claims purchase of such plot by sale deed dated 29th December, 1993, registered on 5th January, 1994. Faheem Ali Khan died on 3rd December, 1997 and the 2nd respondent is one of the heirs of late Faheem Ali Khan. For the properties which were inherited upon 2nd respondent on the death of Faheem Ali Khan, mutation was effected on 16th November, 1998.

5. The 2nd respondent herein has filed Original Suit No.160 of 2008 which is pending on the file of Judicial Magistrate, Kayamganj in Farrukhabad district in case No.160 of 2008. In the above said suit the 2nd respondent has claimed the following relief:-

“(A) That the suit of the applicant should be declare by granting the permanent injunction against the defendant with the directions that the defendant is restrained from illegally and forcibly everything the applicant from the disputed property or any of its part and should not interfere with the peaceful ownership and possession of the applicant.

(AA) The decree of cancellation of the sale deed dated 29/12/1993, which was presented for registration on 25/01/1994 and the photocopy of which was entered on page number 65 of the book at people 111-252 at serial number 22 in the office of the sub registrar Kayamganj in the letter number 1, cover number 1156 at page number 85/93 at serial number 22 on 20/01/1994, Chile ordered against the defendant and in favour of the applicant and the sub registrar office should be directed to make the entries accordingly.

(B) That the defendant should pay the suit expenses to the applicant.

(C) That any other relief which is deemed appropriate may be granted to the applicant.”

6. With regard to very same plot, the appellant herein also filed a suit in Original Suit No. 474 of 2008 for permanent injunction restraining the 2nd respondent from demolishing the constructions made by the appellant on the aforesaid plot. The said suit is also pending in Case No.474 of 2008 on the file of Judicial Magistrate, Kayamganj in Farrukhabad district. The aforesaid suits were clubbed and in interlocutory applications filed by the parties, a common order to maintain status quo in respect of land in dispute was passed. Against the interim order, matters were carried in Civil Misc. Appeal Nos. 30 and 27 of 2009 filed by the appellant whereas the respondent no.2 had filed Misc Appeal Nos. 28 and 29 of 2009. It is stated that all the said appeals were decided by a common order by the Additional District Judge and application for injunction filed by the appellant was allowed and application filed by the 2nd respondent was dismissed, against which matters were carried further by way of Civil Miscellaneous Writ Petitions which are stated to be pending before the High Court and no interim order is passed therein.

7. On 10th April, 2012, brother of the appellant, Wasim Ali Khan filed a complaint under Section 200 Cr.P.C. against the 2nd respondent herei