Crl. Misc. No. M-679 of 2011 (O&M) (1) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-679 of 2011 (O&M) DATE OF DECISION: 09.03.2011 Gopal Krishan Vashist & Anr. ..........Petitioners Versus State of Punjab and another ..........Respondents BEFORE:- HON'BLE MRS. JUSTICE DAYA CHAUDHARY Present:- Mr. Malkeet singh, Advocate for the petitioners. **** DAYA CHAUDHARY, J. Crl. Misc. No. 1324 of 2011 Application is allowed as prayed for. Crl. Misc. No. M-679 of 2011 The present petition under Section 482 Cr.P.C. has been filed on behalf of Gopal Krishan Vashist and Ashutosh Krishan for quashing of FIR No. 121 dated 30.8.2010 registered under Sections 406/420/120-B IPC at Police Station Derabassi, SAS Nagar, Mohali. Learned counsel for the petitioners submits that the dispute is purely of civil nature and a civil suit is also pending between the parties and the present FIR is the sheer abuse of process of law. Learned counsel further contends that the petitioners have falsely been implicated in this case with malafide intention and the allegations under Section 406 and 420 IPC are anti thesis and both cannot go together and the findings of the civil Court are binding on the criminal Court. Learned counsel for the Crl. Misc. No. M-679 of 2011 (O&M) (2) petitioners has also relied upon the judgments of Hon'ble the Apex Court in B. Suresh Yadav Vs. Sharifa Bee and another 2007 (4) RCR (Criminal) 870 and Md Ibrahim and others Vs. State of Bihar and another 2009 (4) RCR (Criminal) 369. Heard the arguments advanced by learned counsel for the petitioners and have also perused the contents of the FIR as well as other documents available on record. Admittedly the case is still under investigation and it cannot be said at this stage that whether allegations are false or not as the dispute is with regard to transfer of property on the basis of power of attorney. There are disputed question of facts, which cannot be decided unless the investigation is concluded and since the civil suit is also pending it cannot be said that the finding has been given by the civil Court. No ground to quash the aforesaid FIR is made out at this stage. The petition being devoid of any merit is hereby dismissed. March 09, 2011 (DAYA CHAUDHARY) pooja JUDGE Note:-Whether this case is to be referred to the Reporter .......Yes/No