ORDER 1. Instant criminal writ petition under Article 226 of the Constitution of India read with Rule 315 (1) (h) of the Rajasthan High Court Rules, 1952 has been preferred on behalf of accused-petitioner with the prayer for quashing of impugned F.I.R. bearing No.93/2019 registered at Police Station, Kishangarhbas, District Alwar for offences punishable under Sections 420, 467, 468 and 471 of Indian Penal Code. 2. During the course of arguments, it has been submitted by the learned counsel appearing for the accused-petitioner, that on 07.10.2015, an agreement was executed between the petitioner and the complainant, regarding sale of agricultural land of the petitioner to the complainant for a consideration of Rs.26,60,000/-. It is further submitted that the petitioner had returned the aforesaid amount to the complainant and the complainant executed cancellation of agreement dated 07.10.2015 on 02.08.2016 duly attested by Notary Public, vide Annexures-2 & 3. It is also submitted that in the year 2016, the complainant had also instituted a Civil Suit (Annexure-4) against the petitioner for specific performance before Subordinate Court at Alwar mentioning cancellation of agreement. It is contended that during pendency of the aforesaid Civil Suit, on 18.07.2017 the complainant had moved an application (Annexure-5) before the learned Civil Court for sending the cancellation of agreement to the F.S.L. The learned Court below, after hearing the arguments, vide its order dated 04.12.2018 (Annexure-7) dismissed the aforesaid application of the complainant. After dismissal of aforesaid application, the complainant had lodged the present F.I.R. It is further contended that the impugned F.I.R. (Annexure-1) be quashed on the ground that the petitioner has falsely been implicated in the case by lodging of false F.I.R. with inordinate delay by the complainant with an ulterior motive. Lastly, it is prayed that the present petition be allowed, the impugned F.I.R. and the criminal proceedings, be quashed. 3. During the course of arguments, learned Public Prosecutor appearing for the State, has submitted the factual report, which is taken on record. 4. Lastly, it is prayed that the present petition be allowed, the impugned F.I.R. and the criminal proceedings, be quashed. 3. During the course of arguments, learned Public Prosecutor appearing for the State, has submitted the factual report, which is taken on record. 4. It is submitted by the learned counsel appearing for the respondent No.1/State, that during investigation, the statements of complainant and witnesses have been recorded under Section 161 of Cr.P.C. Certified copies of undisputed agreement dated 07.10.2015 and disputed cancellation agreement dated 02.08.2016 have been obtained from the Court of learned Additional District & Sessions Judge, No.2, Kishangarhbas, Alwar, in Civil Suit No.71/2016 and have applied for original agreements before the learned Court below and for matching of signatures, the same is yet to be sent to the F.S.L. 5. Learned counsel appearing for the State has further opposed the submissions made by the learned counsel appearing for the accused-petitioner. 6. During the course of arguments, while opposing, it is submitted by the learned counsel appearing for the complainantrespondent No.2, that it is a well settled law that in both the criminal and civil law, remedy can be availed simultaneously and further prayed that the petition of the petitioner may be rejected. 7. Heard learned counsel appearing for the parties and perused the material made available on record. 8. As per factual report, during investigation, the statements of complainant and witnesses have been recorded under Section 161 of Cr.P.C. Certified copies of undisputed agreement dated 07.10.2015 and disputed cancellation agreement dated 02.08.2016 have been obtained from the Court of learned Additional District & Sessions Judge, No.2, Kishangarhbas, Alwar, in Civil Suit No.71/2016 and have applied for original agreements before the learned Court below and for matching of signatures, the same is yet to be sent to the F.S.L. 9. Complainant-respondent - Naresh Kumar had instituted a Civil Suit No.71/2016 on 24.09.2016 against the accused-petitioner Narendra Kumar for specific performance and permanent injunction before the Court of Additional District & Sessions Judge, No.1, Kishangarhbas District Alwar (Annexure-4), wherein at Para No.9, it is alleged by complainant-respondent that ’defendant somehow obtained the photo of plaintiff and pasted it on the backside of agreement dated 07.10.2015, prepared forged receipt of delivery of Rs.26,60,000/- and cancellation of agreement on 02.08.2016 by putting forged signature of the plaintiff and got it attested by Notary Public (Annexure-3). 10. 10. During pendency of aforesaid Civil Suit on 16.08.2017 complainant-respondent had moved an application under Section 151 of C.P.C. before the Court of Additional District & Sessions Judge, No.2, Kishangarhbas District Alwar for sending the aforesaid cancellation of agreement to hand-writing expert for comparision of disputed signatures of plaintiff with the admitted signatures. The Civil Court, vide its order dated 04.12.2018, dismissed the aforesaid application holding that document-in-question bears disputed signatures and there is no thumb impression. Under Section 73 of the Evidence Act the Court is competent to compare signatures. Report of hand-writing expert is not conclusive proof of signature. Expert report is corroborative in nature and not substantive piece of evidence. It is for the party to establish it by leading cogent evidence, objection with regard to notary may be raised at the stage of trial (Annexure-7). 11. Only after dismissal of the aforesaid application, complainant-respondent filed a complaint before the Court of A.C.J.M., Kishangarhbas District Alwar on 07.02.2019, thereupon an F.I.R. No.93/2019 was registered at Police Station Kishangarhbas on 06.03.2019 against the accused-petitioner for offences punishable under Sections 420, 467, 468 and 471 of I.P.C. (Annexure-1). 12. The Co-ordinate Bench of this Court, vide its order dated 26.04.2019 stayed the investigation in aforesaid F.I.R. No.93/2019 registered at Police Station Kishangarhbas District Alwar. 13. It reveals that complainant-respondent had earlier instituted a Civil Suit No.71/2016 against the accused-petitioner on 24.09.2016 (Anneuxre-4) with regard to alleged cancellation of agreement dated 02.08.2016 (Annexure-3). During pendency of aforesaid Civil Suit, learned Civil Court vide its order dated 04.12.2018 (Annexure-7) dismissed the application filed by the complainant-respondent for sending the aforesaid cancellation of agreement to handwriting expert for comparing of disputed signatures with the admitted signatures. Thereafter, complainant-respondent filed a complaint before the Court of A.C.J.M. Kishangarhbas District Alwar on 07.02.2019, thereupon the aforesaid F.I.R. No.93/2019 was registered at Police Station Kishangarhbas District Alwar (Annexure-1) on 06.03.2019. 14. It is true that both, the Civil and Criminal law remedy can be availed simultaneously, but in the present case, complainantrespondent has failed to explain as to why he remained silent from 24.09.2016 to 07.02.2019. There is no justified reason as to why the complainant-respondent kept silent for a period of more than two-years and four-months. 15. 14. It is true that both, the Civil and Criminal law remedy can be availed simultaneously, but in the present case, complainantrespondent has failed to explain as to why he remained silent from 24.09.2016 to 07.02.2019. There is no justified reason as to why the complainant-respondent kept silent for a period of more than two-years and four-months. 15. In view of discussion made herein-above, this Court is of the opinion that allowing continuance of aforesaid F.I.R. No.93/2019 registered at Police Station Kishangarhbas District Alwar against the accused-petitioner is not expedient in the interest of justice and amounts to a gross abuse of process of Court. Hence, the present petition deserves to be allowed. 16. Accordingly, the present petition is allowed and the impugned F.I.R. No.93/2019 registered at Police Station Kishangarhbas District Alwar for offences punishable under Sections 420, 467, 468 and 471 of I.P.C. and consequent proceedings arising out thereof, are quashed. Miscellaneous application, if any, stands disposed of.