Simultaneous prosecution of criminal and civil proceedings against same persons pertaining to same cause when permissible

Guru Granth Saheb Sthan Meerghat Vanaras v. Ved Prakash, (2013) 7 SCC 622 (Civil Appeal No. 4166 of 2013, decided on May 1, 2013) - There is no hard-and-fast rule that simultaneous prosecution of criminal and civil proceedings will embarrass or prejudice the accused or that invariably civil proceedings should be stayed until disposal of criminal case. Considering effect of Ss. 40 to 43, Evidence Act, 1872 [regarding relevancy and binding effect of previous judgment in a given case], mere possibility of conflicting decisions in civil and criminal proceedings cannot be a ground to stay civil proceedings as such a possibility is envisaged by the law.

Guru Granth Saheb Sthan Meerghat Vanaras v. Ved Prakash, (2013) 7 SCC 622

 S. 10 r/w S. 151 - Simultaneous prosecution of criminal and civil proceedings against same persons pertaining to the

same cause - Stay of civil proceedings (filed subsequently in this case) till the decision in criminal case - When warranted

- Relevant considerations - Reiterated, there is no hard-and-fast rule that simultaneous prosecution of criminal and civil

proceedings will embarrass or prejudice the accused or that invariably civil proceedings should be stayed until disposal of

criminal case - Considering effect of Ss. 40 to 43, Evidence Act, 1872 [regarding relevancy and binding effect of previous

judgment in a given case], further held, mere possibility of conflicting decisions in civil and criminal proceedings cannot

be a ground to stay civil proceedings as such a possibility is envisaged by the law - More so when there is no likelihood

of any embarrassment to defendants in civil suit (i.e. accused in criminal case) as in present case, as they had already

filed written statement in suit and issues were framed - Outcome and/or findings that might be arrived at by civil court

would not prejudice the defence(s) in criminal proceedings in the present case - Hence, judgment of High Court staying

civil proceedings till decision in criminal case, held, not justified and set aside, (2013) 7 SCC 622-A 

   

 Evidence Act, 1872 

 Ss. 40 to 43 - Relevancy and binding effect of judgment passed in previous civil proceedings in a given case - Is

required to be decided upon facts of given case, (2013) 7 SCC 622-B 

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