J&K High Court: Civil Remedy Alone Not Grounds to Quash Criminal Case Without Mala Fides

The Jammu & Kashmir and Ladakh High Court held that criminal proceedings cannot be quashed merely because a civil remedy exists, unless the complaint lacks allegations of offense or is malicious.

The case involved a police official accused of cheating another officer in an investment scheme, with Rs. 96.5 lakh transferred and Rs. 58.9 lakh unpaid. Despite a partial refund and a compromise deed, the complainant later filed an FIR.

Justice Sanjay Dhar noted that default alone doesn't prove fraud and found the FIR aimed at recovering dues, not establishing criminality.

The Court, citing Mitesh Kumar J Sha v State of Karanataka, quashed the FIR, terming it misuse of criminal law for civil recovery.