Whether pendency of civil litigation between parties are sufficient for quashing criminal proceedings

Whether pendency of civil litigation between parties are sufficient for quashing criminal proceedings

Gur Dayal Vs State of J&K and anr

Jammu & Kashmir HC

21/12/2018

CRMC No.264/2018 & IA No.1/2018

About/from the judgment:

Criminal Procedure - Quashing of the FIR - Civil proceedings and Criminal proceedings can proceed simultaneously.

 

In every criminal proceeding there would be some element of civil in nature. In this way, it cannot be universally said that where the civil litigation between same parties with regard to same subject, criminal proceeding cannot be initiated with regard to same subject.

 

If it is universally applied that pendency of a civil litigation between parties are sufficient for quashing the criminal proceedings, the unscrupulous litigants, apprehending criminal action against them, would be encouraged to frustrate the course of justice and law by filing suits with respect to the documents intended to be used against them after the initiation of criminal proceedings or in anticipation of such proceedings.

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