The single judge bench of Justice Namit Kumar of the Punjab and Haryana High Court in the case of Satpal and another Vs State of Punjab and another held that the criminal proceedings cannot be allowed to continue on the same issue as the findings of fact recorded by the Civil Court is binding on the Criminal Court.
BRIEF FACTS
The factual matrix of the case is that the complainant purchased the land and the mutation for the same was also in their favor. Further, the petitioner called the complainant, saying that there is some defect in the sale deed which is to be rectified. Thereafter, the signatures of the complainant were taken on the blank papers. It has also been claimed that the accused persons, including the petitioners, executed a mortgage deed in favor of Satpal (petitioner no.1) in exchange for Rs.6,00,000/-. The complainant-respondent no.2 claims that he never met Satpal and never knew him and that the mortgage deed was executed by the accused persons in collusion with each other, despite the fact that he never appeared before the Registrar and filed a complaint based on these allegations. Moreover, the learned judicial magistrate 1st class dismissed the complaint while stating that there is no evidence available to make out a case for summoning the accused. After that, the complainant- respondent no. 2 filed the revision petition before the learned session judge, and the same was allowed and the accused persons were ordered to be summoned to face trial for offenses committed under Sections 467/468/471/420/120-B IPC.
The learned counsel appearing on behalf of the petitioner has contended that the allegations made in the complaint were also subject matter to the civil suit. Therefore, it is liable to be set aside. It was also argued that once the same issue has been concluded before the civil court and upheld and upheld in Amar Singh vs. Sat Pal and others so the complaint is to be set aside as the finding of the civil court is also binding upon the criminal court. The learned counsel also relied upon the judgments titled Amar Nath and another vs. Atma Ram and Nirmala Devi and others vs. State of Punjab and others.
The learned counsel appearing on behalf of the respondent submits that the contents of the complaint are true and the criminal proceedings initiated against the petitioners and co-accused are liable to be continued and to be decided on their own merits.
COURT’S OBSERVATION
The hon’ble court stated that once the dispute has been settled on the civil side and upheld by this Court in Regular Second Appeal i.e. RSA No.3281 of 2017, Amar Singh vs. Sat Pal and the said judgment having attained finality, the criminal proceedings cannot be allowed to continue on the same issue as the findings of fact recorded by the Civil Court is binding on the Criminal Court. Consequently, the complaint is liable to be quashed.
CASE NAME- Satpal and another Vs State of Punjab and another
CITATION- CRM-M No.35669 of 2014
CORUM- Justice Namit Kumar
DATED- 16.09.22
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