1. Petitioners have filed this petition under section 482 of CrPC for quashment of FIR registered at crime No. 152/2012 at police station Talaiyya, Bhopal on 6.7.2012 against the petitioners for the offence punishable under sections 420, 467, 468 and 471 of IPC copy of which has been filed along with the petition as Annexure P-1.

2. The brief facts of the case are that respondent No. 2- complainant lodged a frivolous FIR at police station Talaiyya subject matter of which is akin to the facts of the civil suits pending between the parties in which the veracity of the documents alleged to be forged in the FIR has to be adjudged after recording evidence of the parties. The FIR has been got registered in order to undue pressurize the petitioners to either get their dismissed or to get it compounded under pressure of criminal prosecution. Petitioners No. 3 and 4 filed a civil suit No. 253A/12 on 31.1.2012 against a number of defendants including the minor sons of the respondent/complainant for declaration of title and permanent injunction. Copy of the plaint has been filed with the petition as Annexure P-2. The suit is based on an oral Hiba of the suit property made in favour of the plaintiffs by Akhtar Mohd. Khan in the year 1996 and confirmed by a memorandum of Hiba dated 23.4.1994. The copy of the written statement filed on behalf of the respondent/complainant is Annexure P-3.

3. The minor sons of respondent/complainant have also filed a civil suit No. 38A/2010 for declaration of title of permanent injunction with regard to suit property against Maimoona Bi and Wasim Mohd. This suit is also pending in the Court of XIV Additional District Judge, Bhopal. Copy of plaint of that suit is filed with the petition as Annexure P-4.

4. According to petition before lodging of FIR (Annexure P/1), the respondent/complainant has filed same/identical complaint with the police station on 11.11.2011 which was enquired into by City Superintendent of Police, Kotwali Division, Bhopal and he submitted his report to the Director General of Police, Bhopal on 8.2.2012 vide Annexure P-7 concluding that since both the parties have filed suits in the Court which are pending, it would be fair if the dispute is decided by the Court and if the Court directs the police to take action, then only the police may proceed accordingly. Copy of this report has been obtained by the petitioners under Right to Information Act. After submission of the report by the CSP, Kotwali Division, Bhopal, the respondent/complainant manifestly filed another complaint at police station Talaiyya, Bhopal and succeeded in getting the FIR registered against the petitioners, therefore, petitioners have filed this petition for quashment of the same on the ground that considering the civil litigation between the parties, the complaint for the same on the same facts is not maintainable as both the parties are having Hibanama in their favour genuineness of which is to decided by a civil Court.

5. Learned counsel for the petitioners has drawn attention of this Court towards the report Annexure P-7 on complaint made by Shri Mushir Mohd. Khan according to which civil suit filed by both the parties are pending before the Court, therefore, it will be better that the dispute be decided by the Court and if the Court directs the police to take action then action will be taken accordingly. Learned counsel for the petitioner submitted that the dispute regarding Will can only be decided by civil Court and complaint by the Court would be necessary before cognizance of the offence of alleged forgery could be taken. In support of his arguments he has cited the judgment of this Court in the matter of Ajay Pandey v. State of Madhya pradesh and others, 2007 (1) MPHT 531, in which it has been held that where the dispute between the parties in of civil nature, the question whether a Will is a forged Will already pending for decision in civil litigation between the parties and subsequently FIR lodged ma