In the High Court of Punjab and Haryana at Chandigarh ...... Criminal Misc.-M No.31502 of 2008 ..... Date of decision:12.1.2009 Jai Dayal .....Petitioner v. State of Haryana and another .....Respondents .... Present: Mr. Arun Yadav, Advocate for the petitioner. ..... S.S. Saron, J. The petitioner by way of the present petition under Section 482 of the Code of criminal Procedure seeks setting aside of the order dated 13.5.2008 passed by the learned Sub Divisional Judicial Magistrate, Kosli and order dated 4.9.2008 passed by the learned Additional Sessions Judge, Rewari whereby the Courts below have declined to stay further proceedings in the criminal case. Learned counsel appearing for the petitioner has submitted that an agreement dated 23.6.2005 was executed between the parties regarding the land in dispute. The complainant further alleged that the petitioner then executed another agreement dated 27.12.2005. Thereafter, the petitioner tried to sell the land in dispute by execution of another agreement dated 10.6.2005. On these allegations the criminal complaint was filed. Learned counsel for the petitioner submits that the initial agreement dated 23.6.2005 was cancelled and the petitioner never executed Cr. Misc.-M No.31502 of 2008 [2] any agreement said to be dated 27.12.2005. It is also submitted that on these allegations a civil suit is also pending between the parties, therefore, the proceedings in the criminal case are liable to be stayed. After giving my thoughtful consideration to the matter, it may be noticed that both the Courts below have declined to grant stay of the criminal proceedings. The complainant alleged that the petitioner had received an amount of Rs.6,33,000/- as earnest money from him and did not execute the sale deed in his favour. Besides, the petitioner forged the agreement to sell dated 6.10.2005 and tried to execute the sale deed in favour of one Ram Mehar. A civil suit for enforcing the agreement to sell dated 27.12.2005 has been filed by the complainant and is pending. However, mere filing of the civil suit is no ground to stay the criminal prosecution. It is well known that there are large number of cases where criminal and civil remedies run side by side. The two remedies are not mutually exclusive but clearly co-extensive and differ in their content and consequence. The object of the criminal case is to punish the wrong doer for the offence if made out whereas the purpose of the civil litigation is to enforce the civil right which has accrued in favour of a party. Besides, the standard of proof in both the cases is different. A civil liability can be fastened on the preponderance of evidence whereas the guilt of an accused in a criminal case is to be established beyond shadow of reasonable doubt. Therefore, where a civil remedy is available a criminal prosecution is not barred. In the circumstances, merely because a civil suit between the parties on the same set of allegations is pending is no ground to stay the criminal proceedings. Consequently, there is no merit in the petition and the same is Cr. Misc.-M No.31502 of 2008 [3] accordingly dismissed. January 12, 2009. (S.S. Saron) Judge *hsp*