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Civil & Criminal proceedings can run simultaneously on the same issue

In Gur Dayal V. State of J&K, the petitioner had prayed for quashing of criminal proceedings as there was pending civil suits on the same issue.

The J & K High Court referring to various judgments held that in a given case, civil proceedings and criminal proceedings can proceed simultaneously. In every criminal proceeding there would be some element of civil in nature. In this way, it cannot be universally said that where the civil litigation between same parties with regard to same subject, criminal proceeding cannot be initiated with regard to same subject.

If it is universally applied that pendency of a civil litigation between parties are sufficient for quashing the criminal proceedings, the unscrupulous litigants, apprehending criminal action against them, would be encouraged to frustrate the course of justice and law by filing suits with respect to the documents intended to be used against them after the initiation of criminal proceedings or in anticipation of such proceedings.

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