FIR registered on court order in civil dispute is unsustainable: HC

Srinagar, Jul 20: The High Court of J&K and Ladakh has quashed an FIR that was registered at Police Station Trehgam in north Kashmir’s Kupwara district on the directions of a trial court in a civil matter. It also scrapped the trial court’s order on the basis of which the FIR was lodged.

Police Station Trehgam had registered the FIR following an order the Sub Judge/JMIC Kupwara had passed on 29 February in a civil suit regarding immovable property at Trehgam.

The police had filed the FIR for commission of offences under erstwhile IPC sections of 188 (violation of an order issued by a public servant), 427 (mischief) and 447 (criminal trespass) on March 3 this year.

A Bench of Justice Javed Iqbal Wani said: “Law is settled that a Court is empowered to take cognizance of the disobedience or breach of an order granted by it and to proceed against the offender for such disobedience or breach under the provisions of Order 39 Rule 2-A CPC.”

The court held that the provisions of Order 39 Rule 2-A, are intended to maintain majesty of judicial orders and to preserve rule of law and to ensure faith of litigants in the administration of justice.

“The nature of proceedings under Order 39 Rule 2-A is quasi criminal and though it has a punitive aspect embodied therein whereunder the offender can be ordered to be detained in the civil prison yet, the person who complains disobedience or breach of order has to clearly make out beyond any doubt that there was an order required to be obeyed by the opposite party and that the said order has been observed in breach or disobeyed,” the court said.

The court also observed that “it is also a settled position of law, that the provisions of Order 39 Rule 2-A CPC are to be exercised without there being any element of vindictiveness”.

The court held that in presence of the provisions of order 39 Rule 2-A there was no reason or occasion for the trial court to pass the order dated 29.02.2024 directing the registration of FIR against the petitioners (3 persons/ defendants in the civil suit) in the matter for violation of order of injunction passed by the appellate court dated 07.06.2017.

“The said order thus, cannot but be said to have been passed by the trial court without any power and authority,” the court said and quashed the order dated 29.02.2024 passed by the court of Sub Judge/JMIC Kupwara as well as the FIR dated 03.03.2024 registered with Police Station Trehgam.