Serial No. 144 Suppli Cause List. HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CrlM 2080/2025 in CRM (M) 823/2025 Date of pronouncement 24-12-2025 Uploaded on 24-12-2025. RIYAZ AHMAD GUROO. …Petitioner (s) Through: Mr. Parvaiz Nazir, Advocate. VERSUS MUDASIR NAZIR SOFI. Through: …Respondent(s) CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE. ORDER(ORAL) 24-12-2025 1. The petitioner inter alia is aggrieved of warrant of arrest issued by the learned Judicial Magistrate 1st Class Dangiwacha against him in execution proceedings arising out of order dated 28-12-2023 on the basis of which a complaint filed by the respondent against the petitioner came to be disposed of on the basis of a compromise arrived at between the parties, whereby the petitioner had agreed to pay an amount of Rs. 6.50 lacs to the respondent subject to the condition that the respondent would handover 15 cheques, particulars whereof are given in the compromise deed, to the petitioner. CrlM 2080/2025 in CRM (M) 823/2025 2. It is contended by learned counsel for the petitioner that respondent has not fulfilled the condition of handing over the cheques to the petitioner, as a result of which the petitioner was not bound to pay an amount of Rs. 6.50 lacs to the respondent, but the learned trial Magistrate without following the procedure prescribed under Section 421 of the CrPC has proceeded to issue warrants of arrest against the petitioner. 3. Section 421 of CrPC provides the procedure for warrant for levy of fine. As per Sub Section (1) of Section 421 whenever a court has to take action for recovery for fine, it has to issue a warrant for the levy of the amount by attachment and sale of any moveable property belonging to the offender or it may issue a warrant to the collector of the district, authorizing him to realize the mount as arrears of land revenue from the movable or immovable property, or both of the defaulter. 4. The learned Magistrate without adopting the aforesaid procedure has proceeded to issue warrants of arrest against the petitioner which is contrary to the law. Therefore, the order issuing warrants of arrest against the petitioner is not sustainable in law. 5. Accordingly, the petition is disposed of by quashing the warrants of arrest issued against the petitioner and remanding the matter to learned Magistrate to proceed in accordance with provisions contained in 421 of CrPC. It shall be open to the petitioner to approach the learned trial Magistrate apprising him about his contention that the condition contained in the compromise has not fulfilled by the respondent. Learned Magistrate shall deal with said objection of the petitioner before proceeding further in the matter. CrlM 2080/2025 in CRM (M) 823/2025 6. A copy of this order be sent to the learned trial magistrate for information and compliance. (Sanjay Dhar) Judge SRINAGAR 24-12-2025 Sarvar