S. No. 16 Regular Cause List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CRM(M) No. 10/2024 Nazir Ud Din Parray …Appellant/Petitioner(s) Through: Mr. B.A. Khan, Advocate Vs. Union Territory Th. Police Station Zadibal and Anr. ...Respondent(s) Through: Mr. Jahingeer Ahmad Dar, GA CORAM: HON’BLE MR JUSTICE VINOD CHATTERJI KOUL, JUDGE O R D E R 16.07.2025 1. Through the medium of this petition, petitioner has challenged the order dated 11.12.2023, passed in an application under Section 156 (3) of the Code of Criminal Procedure (Cr.P.C.) by the Trial Court, viz. Chief Judicial Magistrate, Srinagar, whereby on the application filed by respondent No.2, a direction has been issued to SHO police station Zadibal, Srinagar, to register FIR under Section 156(3) Cr.P.C., and seeks quashment thereof. He also prays to quash FIR no.46/2023 of police station Zadibal, Srinagar. 2. The order by virtue of which police has been directed to register an FIR reads as under:- “The instant application under Section 156 (3) CrPC has been presented by the ld. counsel for the applicant seeking direction upon SHO Police Station Zadibal, Srinagar for registration of FIR against the non-applicants for the allegations made in the application. The application be diarized and numbered. The application is duly supported by an affidavit. It is averred that the applicant had approached the police machinery concerned however, no action has been taken which has constrained the applicant to approach this court for the appropriate directions. Therefore, in light of the contents made in the application, I deem it proper to direct the SDPO Zadibal, Srinagar to register an FIR against the non-applicant strictly in terms of application and submit a report before this Court.” 3. Contents of complaint/application would reveal that petitioner and respondents have civil dispute with regard to the property in respect of which they have filed litigations which are pending before civil courts. While the civil proceedings are pending for determination of civil disputes qua the property, brother of petitioner, namely, Ali Mohammad Parray, (respondent no.2 herein) approached the Trial Court with an application under Section 156(3) Cr.P.C. seeking for a direction to SHO police station Zadibal, Srinagar, to register an FIR against non-applicants. The contents of the application are hereunder: 1. That the applicant is a senior citizen and a permanent resident of UT of J&K, hence can invoice the jurisdiction of this Hon’ble Court for the protection of his rights. 2. That the accused No.1 is raising illegal and unauthorized commercial complex without permission, adjacent to the residential house of the applicant which compelled the applicant to approach the Hon’ble Court of Municipal Magistrate Srinagar wherein the Hon’ble Court has been pleased to pass a restraint order dated 27.06.2022 against the accused No.1 for raising any illegal construction. 3. That the Municipal authorities were also directed to look into the matter and in case of any violations restrain the non-applicants from raising the illegal structure on the spot. 4. That even after the restrain order the non-applicants continued the construction, following which the applicant filed two applications under Section 151 CPC for implementing the order dated 27.06.2022 wherein the Hon’ble Court by virtue of order dated 28.07.2022 and 27.06.2023 was pleased to order an on spot investigation to the concerned Police Station (Zadibal) and if any violations found, were directed to implement the order in letter and spirit. 5. That during the on-spot investigation it was found by the concerned Police Station Zadibal that the non-applicants have raised an illegal/unauthorized construction and submitted their detailed report. 6. That when the illegal and unauthorized construction of the non- applicant/accused No.1 was halted, he cleverly rented out some of the shops in the said building to accused No.2&3 with an ill intention to complete the construction under the garb of them being his tenants which fact is substantiated by the photographs of the construction. 7. That the tenant who happened to be accused No. 2&3 has time and again harassed the applicant and his wife by different means and continues to do so till date. 8. That the accused persons have even trespassed into the property of the applicant which violate their right to privacy as well. 9. That the non-applicants/accused persons are forcing the applicant to withdraw the court case and have also threatened the applicant and his wife of dire consequences. 10. That the non-applicant/accused persons use to enter in the premises of the applicant and create unruly scenes there by using abusive and un- parliamentary language so that the applicant is succumbed to the illegal demands of the accused persons. 11. That the applicant and his wife have also been threatened with death by the non-applicants/accused persons. 12. That due to the said illegal acts of the non-applicants/accused persons, the applicant and his wife are living in fear and apprehend some mischief at the hands of the accused persons. 13. That the applicant is an old aged person and is not in a position to oppose the non-applicants/accused persons as a result of which the applicant approached the police concerned on 05.07.2023 with an application in the matter but unfortunately no action was take and the illegal and unethical acts on the part of the non-applicants/accused persons are continuing which has made the life of the applicant and his wife miserable. 14. That since the non-applicants continue to violate the court order and the concerned police failed to take action against the accused persons, as such the applicant has no alternative but to approach this Hon’ble Court. 4. In pursuance of the Trial court order, SHO police station Zadibal registered an FIR No.46/2023. In the instant petition seeking quashing of the FIR as also quashing of order impugned passed by the Trial Court, the petitioner has given the details of the suits pending between the parties which are as under: - a. Suit registration No. 1992/2022 titled “Ali Mohammad Parray vs SMC others,” filed on 27.06.2022; b. Suit registration No. 1589/2023 titled “Ali Mohammad Parray vs SMC and others.” filed on 27.06.2022; c. Suit registration No. 1460/2023 titled “Naziruddin Parray vs Ali Mohammad Parray & Ors.” filed on 03.07.2023.” 5. The petitioner has also placed on record the copies of orders passed in the aforementioned suits. Perusal of which would reveal that the parties are engaged in civil disputes in respect of the property, subject matter of the suits referred to above. 6. The complaint would reveal that the respondent no.2 has sought registration of FIR, while invoking provisions as contained in Section 156 (3) Cr.P.C. for alleged violation by petitioner of the orders passed by the Courts in the civil suits. The contents of the complaint/application do not disclose the commission of cognizable offence but it states about violation of orders passed by Civil Court in civil suits, therefore, direction passed by Trial Court registering an FIR was unwarranted. 7. The Trial Court on the basis of the complaint so filed had directed the SHO Police Station Zadibal to register an FIR. The order has been passed by the Trial Court without proper application of mind. The Trial Court was required to find out from the contents of the complaint as to whether the complaint disclosed commission of cognizable offence, but the same is missing in the order impugned. The allegation as is stated in the complaint is that the despite the order passed by the Civil Courts, petitioner violated the same by proceeding with the construction. 8. Violation of the orders passed by the Civil Court in a suit in an application would invite proceedings for disobedience of orders under and in terms of Rule 2A of Order XXXIX of the Code of Civil Procedure. 9. Learned counsel for the petitioner has relied upon the judgments passed in the case of SLP (Crl) No. 3343/2022 titled as Dinesh Gupta vs. The State of Uttar Pradesh and Anr, dated 11.01.2024 reported as [2024] 1 SCR 390 : 2024 INSC 32; CRM(M) No.120/2024 titled as Ghulam Mohiudin Lone Vs. Union Territory of J&K through Station House Officer (SHO) Police Station Trehgam of District Kupwara and others, dated 08.07.2024; CRM(M) No.267/2022 titled as Raja Asif Farooq and Anr. Vs. UT of J&K and Ors dated 06.06.2025. 10. It cannot be heard saying that the Court(s), before whom the civil suits are pending and which have passed orders, do not have power to take cognizance of disobedience or breach of order passed by the said Courts and to proceed against the offender(s) for such disobedience or breach under the provisions of Order 39 ule 2-A CPC. Thus, impugned order is bad in law. 11. Section 482 Cr.P.C. empowers High Courts with inherent jurisdiction to quash criminal case to prevent abuse of legal process and secure justice. It does not bestow new powers but preserves powers which the High Courts already possess to intervene as and when required. Impugned FIR has been lodged and registered in pursuance of the Trial Court order impugned herein. So, intervention sought for is warranted. 12. It is evident from the contents of the complaints that the civil dispute exists between the parties regarding which parties have filed civil suits and it is in respect of the said civil dispute that the complaint had been filed by respondent no.2 and that direction of the Trial Court in such circumstances to the SDPO Zadibal to register an FIR, amounts to miscarriage of justice and calls for interference. 13. Therefore, for the reasons stated above, this petition is allowed and order dated 11.12.2023, passed in an application under Section 156 (3) of the Code of Civil Procedure (Cr.P.C.) by the court of Chief Judicial Magistrate, Srinagar, is set-aside. As a consequence of which, FIR no.46/2023 of police station Zadibal, Srinagar, is quashed. 14. Disposed of as above. (VINOD CHATTERJI KOUL) JUDGE SRINAGAR 16.07.2025 Shabroz