- (1.) The first information report of which the quashing is sought in the present case is based on the allegation that the agreement for sale dated 26.6.1997 is a forged document. The petitioners have filed a suit for permanent injunction alleging therein that the agreement for sale is a genuine document and on the basis of the same, they have been put into possession of the disputed Buses. The Civil Court has come to a prima facie conclusion that the possession of the plaintiffs is established. Thus, defendants in the suit, i. e. respondents in the present case, have been restrained from interfering in the plying of the buses which are the subject matter of the dispute.
(2.) Mr. Varinder Singh has submitted that since the subject matter of the civil suit and the FIR is the same, further proceedings in the criminal matter ought to be stayed.
(3.) Mr. Hundal, however, relies on the Constitutional Bench's judgment of the Supreme Court in the case of M. S. Sheriff and another v. State of Madras, 1954 AIR(SC) 397 and submits that the criminal proceedings cannot be stayed.;