SHAMSUL ISLAM vs The STATE
This petition was filed under Section 561-A of the Code of Criminal Procedure 1898 seeking the quashment of FIR No. 4/2016 registered at Police Station Goharabad, Diamer. The petitioner contended that the criminal proceedings were initiated to exert pressure, given that a related civil suit regarding the same property dispute was already pending before the Civil Judge Chilas. The core legal question was whether criminal proceedings should be stayed pending the outcome of a parallel civil litigation. Upon examination, the Court observed that the criminal matter and the civil suit were so intimately connected that the outcome of one would inevitably impact the other. While noting that there is no invariable rule to stay criminal proceedings, the Court held that the interests of justice required a stay in this specific instance. The Court established the principle that criminal proceedings may be stayed pending the disposal of civil litigation where the criminal liability is dependent upon the result of the civil suit or is so closely connected that proceeding simultaneously would cause grave injustice.
- Can criminal proceedings be stayed pending the outcome of a parallel civil suit?
- Does the pendency of a civil suit automatically require the quashment or stay of criminal proceedings?
- Under what circumstances is it appropriate for a court to stay criminal proceedings due to a pending civil dispute?
- Section 561-A, Code of Criminal Procedure 1898
ORDER
MALIK HAQ NAWAZ, J.---The petitioner has been booked for, the above offences vide FIR No,4/2016 registered at Police Station Goharabad, Diamer.
2. The instant petition has been filed under section 561-A, Cr.P.C., for quashment of the above FIR mainly on the ground that a civil case regarding the same dispute is pending adjudication before the Civil Judge Chilas and the respondent just to exert pressure on the petitioner and his family has resorted to criminal proceedings to achieve his nefarious ends.
3.The learned Dy.A.G, opposed the petition and stated that the same is pre-mature and this Court has already laid down certain guiding principles for quashment of FIRs and non of the ground mentioned in the judgment titled Faisal Iobal and others v. State is attracted in the instant case.
4. I heard both the parties and examined the record and documents annexed with the petition. It is not denied that a civil suit is pending adjudication in the Court of Civil Judge Chilas. The contents of the plaint filed in the Civil Court by the present petitioner and 76 others against all the owners of Narree Haitee Dakhali Lasloni Haitai (respondents) showed that the criminal matter and civil suit are so interlinked that result of one will affect the fate of other. Criminal proceedings are not normally postponed till disposal of civil litigation except where criminal liability dependent upon the result of civil litigation or so intimately connected with same as to cause damage and grave injustice.
5. There is no invariable rule to stay proceeding and the matter is one of the discretionary. I, accordingly, consider that ends of justice demands that the criminal proceeding occurring on the basis of FIR No,04/2016 are stayed till the decision of civil suit bearing No,267/2015 pending