Mir MUHAMMAD FARID vs EX-OFFICIO JUSTICE OF PEACE/ SESSIONS JUDGE DISTRICT MUZAFFARABAD, AZAD JAMMU AND KASHMI

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Mir MUHAMMAD FARID VS EX-OFFICIO JUSTICE OF PEACE/ SESSIONS JUDGE DISTRICT MUZAFFARABAD, AZAD JAMMU AND KASHMIR S. 22-a--- application filed under S. 22-a, Cr.P.C. for the registration of FIR---Dispute of civil nature---Stay of criminal proceedings---Principles---Record reflected that complainant and petitioners were business partners having a joint venture of stone crushing plants; after winding up the said business, the partners came forward with conflicting civil suits which were pending adjudication before the Court---In such type of cases it was advisable to wait for the verdict of the Civil Court which had the jurisdiction to direct the registration of the case if the Court came to such conclusion ultimately---although civil liability was independent of the criminal liability and no invariable rule existed to the effect that pending decision of a civil suit, criminal proceedings must be stayed, as it was purely a matter of discretion yet, while exercising the discretion the guiding principle should be to see as to whether the accused was likely to be prejudiced if criminal liability was dependent on the outcome of civil litigation, then criminal proceedings must be stayed, particularly when dispute was with regard to title of the property---Court was not inclined to terminate the criminal proceedings or for that matter to embark upon the order passed by the Justice of Peace in such regard---Simultaneously the complainant himself opted to file a civil suit asking for declaration and perpetual injunction regarding the same machinery vis a vis the accused party and someone else had also filed two suits pertaining to same moveable property (involved in the instant matter)---Thus, conscious of the Court required to stay the criminal proceedings awaiting verdict of the Civil Courts and result of the civil proceedings be regarded conclusive in the matter---In a case where criminal liability was dependent on the result of the civil litigation or was so intimately connected with it that there was a danger of grave injustice being done in the case, or if there was likelihood of conflict of decision between the Civil Court and the criminal Court then in such an event the Criminal Court should also keep its hands off until the civil litigation was disposed of---In the present case, relief claimed qua quashment of FIR and annulment of order of the Justice of Peace was declined and by molding the relief criminal proceedings initiated in furtherance of the impugned FIR were stayed---First Information Report was put to hibernation till the decision of the civil suits from the relevant Court of law---Writ petition was disposed off accordingly.

Mir MUHAMMAD FARID vs EX-OFFICIO JUSTICE OF PEACE/ SESSIONS JUDGE DISTRICT MUZAFFARABAD, AZAD JAMMU AND KASHMIR S — 2025 PLD 18 HIGH-COURT-AZAD-KASHMIR

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