Arvind Kumar Mishra, J. - (1.) Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the record.
(2.) By way of the instant petition, the petitioners have sought for quashment of the order dated 15.02.2018 passed by the Civil Judge (Senior Division) FTC/Additional Chief Judicial Magistrate, Etah, in Criminal Complaint No.43 of 2018 Smt. Vinod Kumari Vs. Satendra Prakash and another under Section 420 I.P.C., Police Station Malwan, District Etah and the order dated 24.08.2018 passed by the Sessions Judge, Etah in Criminal Revision No.84 of 2018 Satendra Prakash and another Vs. Smt. Vinod Kumar and another.
(3.) Succinctly, contention has been raised on behalf of the petitioners that during pendency of the civil suit, an application was moved under Section 156(3) Cr.P.C. involving the same facts and circumstances of the case and bringing out a case for offence committed under Section 420 I.P.C. which is against spirit and mandate of law. Once civil suit in respect of the same subject matter was pending, the proceeding by was of application under Section 156 (3) Cr.P.C. cannot be initiated and in case the Court proceeds with it that would be in abuse of the process of the Court.;