JUDGMENT The accused-applicant has directed this petition under section 482 of the Code ofCriminal Procedure (for short 'the Code') for quashing of the Criminal Case No. 234 of 1998 pending against the applicant in the Court of Judicial Magistrate, First Class, Alote registered on the complaint filed by the Non-applicant Rughnathsingh under section 500 of the Indian Penal Code. Briefly stated, the facts of the case are that the applicant filed· a Civil Suit No.74A/95 against the Non-applicant and one Manaklal in the Court of Civil Judge, Class II, Alote for the reliefs of permanent injunction restraining the defendants from illegally entering in the premises of the plaintiff's society and illegally recovering donations in the name of the society and interfering with the activities of society -- Swar Sadhna Mandir, a registered society at Alote. It is stated that in the said civil suit, the applicant acting as President of the said society, in para 8 made certain defamatory imputations against the Non-applicant as indicated below : **8 vkB %& ;g gS fd blds vfrfjDr izfroknhx.k oknxzLr ifjlj dk mi;ksx Loj lk/kuk ds vfrfjDr vius uhft rFkk O;fDrxr dk;ksZ ds fy, djrs gSA rFkk ogka cSBdj rEckdw o xkats dk mi;ksx djrs&djkrs gSA bl izdkj izfroknhx.k oknh laLFkk dks cnuke djus ij vkeknk gSA tcfd izfroknhx.k us oknh laLFkk dh lnL;rk Hkh Lohdkj ugha dh gSA The non-applicant filed a criminal complaint against the applicant in the Court of Judicial Magistrate, First Class, Alote for taking action and convicting the applicant for the offence punishable under section 500 of the Indian Penal Code on the grounds that the said imputations made against the defendant/non-applicant amounting to the offence of defamation under section 500 of the Indian Penal Code. The learned Magistrate on recording the statements under section 200 of the Code took cognizance against the applicant for the offence punishable under section 500 of the Indian Penal Code and issued summons against the applicant for his appearance before the Court. Aggrieved the applicant has filed a Criminal Revision against the impugned order of the Judicial Magistrate, First Class, Alote in the Court of Additional Sessions Judge at Ratlam and the said revision was dismissed by the Additional Sessions Judge by order dated 10.8.1998 passed in Criminal Revision No. 78 of 1998. Aggrieved the applicant has filed a Criminal Revision against the impugned order of the Judicial Magistrate, First Class, Alote in the Court of Additional Sessions Judge at Ratlam and the said revision was dismissed by the Additional Sessions Judge by order dated 10.8.1998 passed in Criminal Revision No. 78 of 1998. Aggrieved, the applicant has now filed this petition under section 482 of the Code for quashment of the said Criminal Case registered against the applicant and pending in the Court of Judicial Magistrate, First Class at Alote. I have heard Shri R.C. Bhatnagar, learned counsel for the applicant and Shri Wajid M. Khan, learned counsel for the Non-applicant. The only contention of the learned counsel for the applicant is that the alleged defamatory imputations have been made against the Non-applicant/complainant in a civil suit filed by the applicant in the Court of Civil Judge, Class II at Alote and the said suit is pending for disposal in the said Court. The learned counsel contended that the fact whether the alleged defamatory imputations made in Paragraph No.8 of the plaint are true and bona fide or made against the Non-applicant with the intention to harm the reputation of the Non-applicant is yet to be decided by the Court concerned. The counsel contended that in view of the aforesaid facts no criminal proceedings can .be initiated or cognizance could be taken against the applicant for the alleged offence punishable under section 500 of the Indian Penal Code. The learned counsel submitted in view of the facts and circumstances of the case if the proceedings of the criminal case registered against the applicant is allowed to continue, it shall amount to abuse of the process of the Court and the proceedings are required to be quashed exercising powers under section 482 of the Code. Counsel relied on the decision of this Court in case of Kanwarlal v. Manglal, reported in 1988 CrLR(M.P.) 414. In oppugnation, learned counsel for the Non-applicant/complainant contended that if the Non-applicant would have waited for filing the complaint till the decision of the pending civil suit between the parties, then in view of the provisions of section 468 of the Code the complaint would be barred by limitation. As such the proceedings of the criminal case cannot be quashed at this stage. As such the proceedings of the criminal case cannot be quashed at this stage. Having heard the learned counsel for the parties and in the light of the decision of this Court in case of Kanwarlal (Supra), I am of the opinion that when certain allegations made in the plaint are pending for disposal before the competent Civil Court constituting the alleged offender under section 500 of the IPC it will not be proper to allow to continue criminal prosecution of the applicant on same facts. The Criminal Proceedings initiated against the applicant under S. 500 of the IPC during pendency of Civil Suit is an abuse of process of the Court and for attaining the ends of justice or to prevent said abuse of process of Court, interference of this Court under section 482 CrPC appears necessary. Consequently, this petition is allowed and the proceedings of the Criminal Case No. 234 of 1998 registered against the applicant under section 500 of the Indian Penal Code and pending in the Court of Judicial Magistrate, First Class, Alote stand quashed at this stage. However, the Non-applicant/complainant shall be at liberty to file a fresh complaint against the applicant, on same facts on the disposal of the Civil Suit pending between parties, if he so chooses, No orders as to costs.