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

Srinagar, July 20: The High Court of J&K and Ladakh 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 based on which the FIR was lodged.

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

The Police had filed the FIR for the commission of offences under erstwhile IPC sections 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 the majesty of judicial orders to preserve the 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 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, “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 the 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 February 29, 2024, directing the registration of FIR against the petitioners (3 persons and defendants in the civil suit) in the matter for violation of an order of injunction passed by the appellate court dated June 7, 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 February 29, 2024, passed by the court of Sub Judge and JMIC Kupwara as well as the FIR dated March 3, 2024, registered with Police Station Trehgam.