Court affirms coexistence of civil and criminal proceedings, quashes FIR for lack of jurisdiction, and allows investigation into alleged theft under status quo violation.
In a significant judgment delivered on December 26, 2025, the Jammu and Kashmir High Court addressed the complex interplay between civil and criminal proceedings. Presided over by Justice Sanjay Dhar, the court ruled on a petition filed by Zaffar Abbas Din challenging two First Information Reports (FIRs) lodged against him at Police Station, Anantnag.
The case involved FIR No.78/2020, alleging theft and contravention of a High Court status quo order, and FIR No.133/2023, accusing forgery and cheating in the context of arbitration proceedings. The petitioner contended that both FIRs arose from civil disputes and thus should not proceed as criminal cases.
Justice Dhar upheld FIR No.78/2020, confirming that allegations of theft and mismanagement of goods prima facie disclosed cognizable offences, warranting investigation despite parallel civil proceedings. The court emphasized that civil and criminal remedies could coexist, with the latter not being barred simply due to the pendency of the former.
Conversely, FIR No.133/2023 was quashed. The court found that the FIR, centered on the alleged presentation of a forged document during arbitration, did not constitute a cognizable offence. Justice Dhar highlighted the absence of fraudulent inducement or property loss, essential for charges of cheating under Section 420 of the Indian Penal Code (IPC). Furthermore, the court noted procedural lapses, as the FIR was registered without proper jurisdiction, being based on non-cognizable offences.
The judgment underscores the legal principle that criminal proceedings can proceed alongside civil disputes when prima facie criminality is evident. However, it also reaffirms the necessity of jurisdictional adherence in initiating criminal investigations.
This decision marks a critical clarification in cases where civil disputes intersect with allegations of criminal conduct, balancing the need for thorough investigation with procedural integrity.
Bottom Line:
Criminal proceedings and FIRs - Civil and criminal remedies can coexist; mere pendency of civil proceedings does not bar criminal investigations if prima facie cognizable offences exist. FIR can be quashed if initiated for non-cognizable offences without proper jurisdiction.
Statutory provision(s):
- Indian Penal Code, Sections 192, 193, 420, 457, 468, 471
- Criminal Procedure Code, Section 482, 156(3)
- Arbitration and Conciliation Act, Section 37
Zaffar Abbas Din v. UT of J&K, (Jammu And Kashmir)(Srinagar) : Law Finder Doc Id # 2828491
