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Head Note

The Code of Criminal Procedure, 1973  - Section 482

Quashing of FIR - Civil suit and a First Appeal are pending on the subject matter of the present litigation - Issue with regard to ownership of the land in question is yet to be finalised in the said Suit and in the First Appeal - While rejecting the applications filed under Section 482 Cr.P.C., the High Court had considered certain facts which prima facie might not be correct - Some observations with regard to the oral gift (Hiba) have been made which are not correct as the same are not found in the sale deed which had been executed in favour of the present appellants - At this stage no case has been made out against the present appellants for initiating any criminal proceedings -Impugned order so far as the present appellants are concerned is liable to be set aside - Process issued against them and also the charge-sheet filed against the present appellants in pursuance of First Information Report liable to be quashed.

Topic(s)-Quashing of FIR - Civil Suit and Appeal Pending - FIR quashed