Criminal proceedings can proceed simultaneously with civil proceedings, and findings in one do not bind the other, ensuring swift justice in criminal matters.

ORDER

By this common order both the applications (M.Cr.C. No.8856/2025 and M.Cr.C. No.9360/2025) are being decided.

2. M.Cr.C. No.9360/2025 has been filed by Mukesh Kumar Agrawal and Girraj Kumar Agrawal whereas M.Cr.C. No.8856/2025 has been filed by Dalveer Singh Kansana.

3. Both these applications have been filed under Section 528 of BNSS , 2023, for quashment of order dated 19.02.2025 passed by VI Additional Sessions Judge, Gwalior in Criminal Revision No.473/2024 by which direction has been issued to register FIR against applicants.

4. Facts necessary for disposal of present applications in short are that M/S. Balaji Developers through its partner Gajendra Pandey had filed a criminal complaint for offences punishable under Sections 314, 316, 318, 320, 323, 335, 336 , 340 read with Sections 45 and 61 of the BNS, 2023. The application under Section 175(3) of BNSS , 2023 was also filed for direction to Police to register FIR. The JMFC, Gwalior by order dated 16.12.2024 rejected the application filed under Section 175(3) of BNSS , 2023 and fixed the case for recording of statement of complainant.

5. Being aggrieved by the said order, respondent No.2 filed a Criminal Revision which was registered as Criminal Revision No.473/2024 and by the impugned order the same has been allowed and the SHO Police Station University, District Gwalior was directed to register FIR against Mukesh Agrawal, Girraj Agrawal and Dalveer Singh Kansana.

6. It is submitted by counsel for applicants that Mukesh Agrawal executed a power of attorney in favour of Dalveer Singh Kansana on 24.02.2012 in respect of Survey No.191. It is alleged that Dalveer Singh Kansana after interpolating the Power of Attorney also included Survey No.142/1 whereas power of attorney was never issued in favour of Dalveer Singh Kansana in respect of Survey No.142/1. On the strength of aforesaid Power of Attorney, Dalveer Singh Kansana executed a sale deed dated 22.03.2012 in favour of Shruti Developers and Constructions through its partners Smt. Vijay Anand and Shri Sudheer Singh Chauhan. Accordingly, Shruti Infrastructure Private Limited through its Director Mukesh Agrawal filed a suit for declaration of title and permanent injunction for declaration of sale deed dated 22.03.2012 executed by Dalveer Singh Kansana on the strength of power of attorney as null and void. By judgment and decree dated 16.12.2022 passed by VIII District Judge, Gwalior in RCSA No.700001/2016, the suit filed by Shruti Infrastructure Pvt. Ltd. through its Director Mukesh Agrawal has been dismissed, against which FA. No.180/2023 is pending before the High Court wherein this Court on 16.05.2024 has passed an interim order thereby directing that no third party rights shall be created in respect of the disputed property. It is further submitted that on the strength of sale deed dated 22.03.2012, name of Shruti Developers and Infrastructure was mutated in the revenue records and ultimately by order dated 27.08.2015 passed by the Board of Revenue in Revision No.4362-PBR/13 the order of mutation was set aside. The order of Board of Revenue was executed and the name of Shruti Infrastructure Pvt. Ltd. through its Director Mukesh Agrawal was mutated in the revenue records. The order of Board of Revenue was challenged by Dalveer Singh Kansana by filing W.P. No.6095/2015 and by interim order dated 29.09.2015, it was directed by this Court that nature of revenue entries which were existing on the said date in the revenue records shall not be changed. Ultimately, on 07.10.2015, Dalveer Singh Kansana and Another withdrew WP. No.6095/2015 on the ground that suit has been filed by Shruti Infrastructure Pvt. Ltd. through its Director Mukesh Agrawal seeking relief of declaration and permanent injunction and therefore, at the request of Dalveer Singh Kansana and another, Writ Petition was dismissed as withdrawn with a direction that both the parties shall maintain status quo as regards revenue entries in relation to the suit pr