Bombay High Court
Babulal Mishrimal Vardhan and others
Versus
Sudershan Wadia and another
Decided On:

Headnote:Section 309-Application for stay of criminal proceedings-Civil proceeding between parties pending-Whether criminal proceedings can be stayed.

       Held-Merely because Civil Courts are seized with question about purchase of flat or ownership of complainants wife criminal proceedings which are properly instituted and of which cognizance is taken by Magistrate in due process of law cannot he stayed unless there are compelling reasons to do so.

       Section 482-Application for quashing of criminal proceedings-Ground-Pendency of Civil litigation between parties-Whether Criminal proceedings to be quashed.

       Held-It is true that civil litigation between the parties is pending in the courts, but that would not be a sufficient ground to quash the criminal proceedings. If the allegations made in the complaint taken as they are prima facie disclose commission of offences, then the question of quashing the criminal proceedings would not arise.

       For Citation : 1991 CrLJ 298 (Bom)