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ANIL KUMAR UPMAN
Jitendra Singh – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
Anil Kumar Upman, J.
1. By way of this misc. petition under Section 482 Cr.P.C., the petitioners have assailed the order dated 25.05.2023 passed by learned Addl. Sessions Judge, Bundi in Criminal Revision No. 119/2021 whereby the learned revisional court partly allowed the revision to the extent of summoning of the accused petitioners by bailable warrants instead of non-bailable warrants and affirmed the order dated 18.11.2021 passed by learned Chief Judicial Magistrate, Bundi in Case No. 2035/2021, taking cognizance against the petitioners for offences under Sections 420, 467, 468, 471 and 120B IPC.
2. Brief facts of the case are that on 25.09.2017, the complainant Avinash Chandra Chandna, sent a complaint by post to the SHO PS Kotwali, Bundi alleging inter alia that out of the wedlock of Maharaja Bahadur Singhji and Smt. Gulab Kumari, one son Yuvraj Ranjeet Singh and one daughter Mahendra Kumari were born. Bahadur Singhji expired on 24.11.1977 and Ranjeet Singh inherited the legacy. Smt. Gulab Kumariji also passed away on 29.06.1981. It was mentioned in the complaint that out of the wedlock of Ranjeet Singh and his spouse Smt. Durga Kumari, no child was born. Mahendra Kum
Civil and criminal proceedings can coexist; criminality in FIR justifies cognizance despite ongoing civil disputes.
The criminal matters should be given precedence over civil proceedings, and mere pendency of civil suits cannot be a ground to quash the criminal proceedings.
The findings of the civil court are not binding on the criminal court, and civil and criminal proceedings can proceed simultaneously.
Civil and criminal proceedings operate independently; the findings of civil courts are not binding on criminal courts, stressing the differing standards of proof in each.
The court affirmed that civil disputes do not preclude the initiation of criminal proceedings based on allegations of forgery and that both can arise from the same facts independently.
The court ruled that criminal proceedings based on civil disputes without clear fraudulent intent are an abuse of process, necessitating dismissal of such charges.
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