Criminal proceedings essentially of civil nature cannot be sustained and must be quashed to prevent abuse of process.

The case involves two cross-petitions arising from a family property dispute over a residential house in Baghati Barzullah, Srinagar

In CRM(M) No. 274/2021, the petitioner challenged FIR No. 50/2021 (Sections 454 and 380 IPC) lodged by the complainant alleging trespass and theft of gold and cash

The petitioner contended the FIR was a tactic to pressurize him during ongoing civil litigation regarding the property

In CRM(M) No. 334/2021, the petitioner challenged a private complaint and a process-issuing order dated 29.09.2021 involving similar allegations of trespass and theft against her

Both parties are concurrently engaged in civil suits seeking declarations of ownership and possession over the same property in the Court of City Munsiff, Srinagar

1. Whether criminal proceedings (FIR and private complaint) are maintainable when the underlying dispute is essentially of a civil nature and already subject to civil litigation.

2. Whether the High Court should exercise its inherent powers under Section 482 of the Cr.P.C. to quash proceedings that appear to be an abuse of the process of law.

The court primarily applied Section 482 of the Code of Criminal Procedure regarding the inherent powers of the High Court to prevent abuse of the process of any court

It relied on Paramjeet Batra v. State of Uttarakhand (2013), which established that disputes essentially civil in nature given a "cloak of criminal offence" should be quashed

It further cited Randheer Singh v. State of U.P. (2021) and Usha Chakraborty v. State of West Bengal (2023), reaffirming that criminal proceedings cannot be used as a weapon of harassment for civil transactions

The Court observed that both parties admitted the dispute was civil, yet leveled "reckless and false allegations" of theft to give the matter a criminal color

The Court noted the investigating agency’s status report, which stated that allegations of stolen property were not substantiated during the investigation

Since both parties were already contesting ownership in civil courts, the Court reasoned that continuing the criminal proceedings would constitute an abuse of process

Applying the principle from Paramjeet Batra, the Court determined that where a civil remedy is available and already adopted, the criminal texture added to the case must be disregarded to secure the ends of justice

The High Court allowed both petitions, quashing FIR No. 50/2021 (Police Station Saddar, Srinagar) and the criminal complaint titled Insha Jhangir vs. Esha Javaid & Ors. pending before the Judicial Magistrate, 1st Class, Srinagar

The parties were left to adjudicate their rights regarding the property strictly through the civil courts