Simultaneous proceedings in civil and criminal relating to same subject matter
M Satyanarayana
(Querist) 25 November 2013
This query is : Resolved
Sir,
There is a doubt in my mind while contesting criminal or civil cases where the cause of action is same, parties are same can re judica principle applies to both criminal as well as civil or vice versa.
At present I facing the problem. My opposite litigant filed a forged unregistered relinquishment deed.
In her frustration to grab the property first my sister made an attempt to murder me (1st criminal case). After that she filed forged relinquishment deed in the civil court, (1st Civil case). Lastly she filed criminal complaint under section 420 i.p.c. against me, (2nd Criminal case).
My sister and her family made an attempt to murder me in the court premises registered FIR against them.
In civil case I am supposed to file compromise petition in the court as per the said forged relinquishment deed.
In criminal case I am alleged to have been taken money from my sister and cheated for not filing compromise petition.
What will happen if the Hon'ble Judges will give same judgement or What will happen if Judgement is different from case to case criminal or civil. In all the above cases, the cause of action is same. In case the judgement is different whether judgements are applicable either to criminal or civil and vice versa. I am puzzled. What is standard applied or criteria applied in such cases.
Please do advise, it will be helpful for me.
Thanking you,
MSN
ajay sethi
(Expert) 25 November 2013
both civil and criminal cases can be filed . criminal case is for punishment for offence committed .in present case your sister has accused you of cheating her by taking money . criminal case would be maintainable if ingredients of offence are made out .
civil case would be for recovery of money and other reliefs .
only if prima facie case made out would any reliefs be granted . .
BAALASUBRAMANNYAMM
(Expert) 25 November 2013
In attempt to murder case, you are the defacto-complainant and where as your sister is the accused and this case was filed by the police. with regard to the civil suit, which was filed by your sister is on the basis of a forged Relinquish Deed duly executed by you. And when you have failed to file your compromise petition, your sister has filed a private complaint u/s 420. So the case filed by police is different and the civil suit and 420 case is different and inter related. If you once compromise the suit, the 420 case can also be compromised. For withdrawing the criminal cases, you have to take permission from the court. The court can order appropriate relief in civil suit in favour of your sister and whereas in criminal proceedings, the court can order imprisonment or fine or both, in case the criminal case proves against you.
Rajendra K Goyal
(Expert) 25 November 2013
Well advised by the experts, nothing more to add.
V R SHROFF
(Expert) 26 November 2013
Both proceedings civil & criminal, are VALID.
Well advised by the experts, nothing more to add.
Raj Kumar Makkad
(Expert) 28 November 2013
I have also the similar opinion as expressed above.
