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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
G.S. AHLUWALIA
Kamla Bai – Appellant
Versus
Kailash Singh Raghuvanshi – Respondent
ORDER :
1. This application under Section 482 of Cr.P.C. has been filed against the order dated 20/11/2013 passed by 4th Additional Sessions Judge, Guna, District Guna in Criminal Revision No. 77/2023 by which the Revisional Court has reversed the order dated 1/5/2023 passed by JMFC, Aron, district Guna in UNCR/65/2022 and has directed the trial Court to take cognizance for offence under Sections 120 -B, 471 and 417 of IPC .
2. Facts necessary for disposal of present application in short are that one Maniram, husband of applicant No. 1 and father of applicants No. 2 to 5 was the owner of the land in dispute. A sale deed was executed in favour of respondents. The applicants filed a suit for declaration of sale deed as null and void alleging that Maniram had expired on 2/4/1987; whereas, the sale deed was executed on 20/12/1988. Therefore, the primary bone of contention of applicants before the Civil Court was that since Maniram had already expired on 2/4/1987, therefore, he could not have executed a sale deed on 20/12/1988. It was the case of the respondents that Maniram had executed a sale deed on 20/12/1988 and he expired on 16/11/1989. A death certificate issued on 3/9/2012 was al
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 findings of the civil court are not binding on the criminal court, and civil and criminal proceedings can proceed simultaneously.
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.
Civil and criminal proceedings can run simultaneously, and the possibility of conflicting decisions in the civil and criminal courts cannot be considered as a relevant consideration for stay of the p....
The main legal point established in the judgment is the jurisdictional limitation on the exercise of power under Section 309 of the CrPC by the learned ASJ in revisional jurisdiction.
The court has the inherent power to prevent abuse of process and secure the ends of justice, and criminal proceedings should not be permitted to continue if the dispute is purely civil in nature and ....
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