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1997 Supreme(P&H) 75
PUNJAB & HARYANA HIGH COURT
M.L.Singhal, J.
Sat Pal Singh
Versus
State Of Punjab
Criminal Misc. No. 11787 of 1996,
Decided On : JANUARY 14, 1997
Where the question of forgery is pending determination before the civil court, the criminal court should stay its hands and not proceed to determine the question of forgery, as the findings of the civil court would be binding on the criminal court.
Headnote:
CRIMINAL PROCEDURE CODE - QUASHING OF FIR - SECTION 482 - FORGERY OF SALE DEEDS - PENDING CIVIL SUIT - STAY OF CRIMINAL PROCEEDINGS.
Fact of the Case:
Petitioners Satpal Singh and Daljit Singh sought to quash an FIR registered against them for allegedly forging sale deeds of Sucha Singh's property. They claimed to be bona fide purchasers who had paid consideration for the property and that Sucha Singh had executed and registered the sale deeds. Sucha Singh had filed a civil suit challenging the sale deeds as illegal and void. The State opposed the quashing of the FIR, alleging that the petitioners had conspired to sell Sucha Singh's property and that the sale deeds were forged.
Finding of the Court:
The court observed that the questions confronting the civil court in the civil suit were almost the same as those confronting the criminal court in the FIR case. If the civil court found that the sales were for consideration effected by Sucha Singh of his free will and volition, the criminal case would fall to the ground. Conversely, if the findings of the civil court were returned against the petitioners, the criminal case would become revived and be proceeded with.
Issues: Whether the criminal proceedings should be stayed pending the decision of the civil suit, considering that the issues in both cases were substantially the same.
Ratio Decidendi: The court relied on precedents holding that criminal proceedings cannot be permitted to go on side by side with civil proceedings when the civil court is seized of the matter and the same questions of fact are being determined. The court reasoned that it would be an exercise in futility to continue with the criminal trial if the civil court determined the crucial issue regarding the genuineness of the sale agreements in favor of the petitioners.
Final Decision: The court ordered that the criminal case be stayed until the decision of the civil suit. The criminal case would become revived if the findings on the relevant issues were returned by the civil court against the petitioners.
M.L.Singhal, J.
1. Sucha Singh was owner of property/house measuring 554.58 sq. yds. bearing No. B-XXI-14618 situated at GT Road, Dholewal, Ludhiana. He was also owner of land bearing Khasra No. 1933/420/2 situated in revenue estate of village Dholewal shown in jamabandi for the year 1984-85. He had executed valid registered will dated 31.3.1989 in favour of his sons Ajmer Singh and Ajaib Singh bequeathing the property owned by him including the property in dispute. He is a retired District Foreman and he has visited many foreign countries. He always signed in English. He is conversant with other Indian Languages. He purchased the aforesaid house vide sale deed dated 21.2.1966. His sons Ajmer Singh and Ajaib Singh are settled in England. He has been going to England to see his sons and he resided with them many times. He has three daughters. One is Ajit Kaur wife of Capt. Lal Singh putting up at Chandigarh, others are Kulwant Kaur and Nachhar Kaur @ Satya putting up at Ludhiana. Two shops are on rent with Bhajan Singh proprietor of M/s Motor Spare Parts, GT Road, Gandhi Nagar, Ludhiana and M/s New Agro Motor House through its proprietor Mr. Sharma and back portion towards the railways line is in the occupation of Daljit Singh and Satpal Singh as tenants. Daljit Singh and Satpal Singh used to pay rent @ Rs. 600/- per mensum plus house tax to Sucha Singh. Other aforesaid tenants used to pay rent @ Rs. 600/- per month for the shops and Rs. 600/- per month rent for property No. 2045, Capt. Lal Singh Road in Gobind Nagar, Ludhiana. He was thus collecting rent to the tune of about Rs. 2600/- per month. In the year 1990, there was a marriage of the grand daughter of Sucha Singh in England. Such Singh attended that marriage and resided some time with his sons. Nachhtar Kaur also attended that marriage. Nachhtar Kaur requested him to reside with her some time in India and look after the property. It was orally settled between the families that out of the rent received by him, she will keep Rs. 1000/- for the maintenance of Sucha Singh. Rs. 1500/-, 1600/- will be deposited in his account. On this offer Such Singh came to India with the consent of his sons and started residing at 643, G.T. Road Gandhi Nagar, Ludhiana. In the year 1991, i.e. about the month of September to December 1991, Sucha Singh fell ill and remained under treatment of various doctors. He remained mostly under the confinement of his daughter Nachhtar Kaur @ Satya, Surjit Singh and Balwinder Singh Lambardar. They did not want that he should move freely and communicate with his sons and other relations. Surjit Singh and Nachhtar Kaur did not reply to the letters of Ajmer Singh and Ajaib Singh, the sons of Sucha Singh. They did not even respond to their telephone calls from England. In the month of December, 1994, some near relations informed Ajmer Singh and Ajaib Singh in England that Surjit Singh and Nachhtar Kaur are playing with the property of Sucha Singh and also that Sucha Singh was in bad health. Thereupon, Ajmer Singh and Ajaib Singh rushed to India and contacted Satpal Singh and Nachhtar Kaur who refused to tell them the whereabouts of Sucha Singh. Sucha Singh came to know that Satpal Singh and Daljit Singh had forged the sale deeds relating to Sucha Singhs property/plot situated at G.T. Road, Gandhi Nagar opposite Dholewal, Ludhiana. Approximate market value of this property was Rs. 30.00 lacs. Sucha Singh was deprived of this valuable property by fraudulent act of Satpal Singh, Daljit Singh etc. On an application made by Ajmer Singh and Ajaib Singh, sons of Sucha Singh to the Senior Superintendent of Police, Ludhiana to this affect, case FIR No. 172 dated 18.8.1995. was registered at PS Division No. 5, Ludhiana under Section 406/419/420/468/471/120-B IPC. Vide this Criminal Misc. petition No. 11737-M of 1996 filed by Satpal Singh and Daljit Singh sons of Gurbax Singh, they have prayed that the aforesaid FIR registered against them be quashed. It is av
