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Serial No. 144

Suppli Cause List.

HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT SRINAGAR

CrlM 2080/2025 in

CRM (M) 823/2025

Date of pronouncement 24-12-2025

Uploaded on 24-12-2025.

RIYAZ AHMAD GUROO.

…Petitioner (s)

Through: Mr. Parvaiz Nazir, Advocate.

VERSUS

MUDASIR NAZIR SOFI.

Through:

…Respondent(s)

CORAM:

HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE

ORDER(ORAL)

24-12-2025

1. The petitioner inter alia is aggrieved of warrant of arrest issued by the

learned Judicial Magistrate 1^st Class Dangiwacha against him in execution

proceedings arising out of order dated 28-12-2023 on the basis of which a

complaint filed by the respondent against the petitioner came to be

disposed of on the basis of a compromise arrived at between the parties,

whereby the petitioner had agreed to pay an amount of Rs. 6.50 lacs to the

respondent subject to the condition that the respondent would handover 15

cheques, particulars whereof are given in the compromise deed, to the

petitioner.

2. It is contended by learned counsel for the petitioner that respondent has not

fulfilled the condition of handing over the cheques to the petitioner, as a

result of which the petitioner was not bound to pay an amount of Rs. 6.50

lacs to the respondent, but the learned trial Magistrate without following

the procedure prescribed under Section 421 of the CrPC has proceeded to

issue warrants of arrest against the petitioner.

3. Section 421 of CrPC provides the procedure for warrant for levy of fine.

As per Sub Section (1) of Section 421 whenever a court has to take action

for recovery for fine, it has to issue a warrant for the levy of the amount by

attachment and sale of any moveable property belonging to the offender or

it may issue a warrant to the collector of the district, authorizing him to

realize the mount as arrears of land revenue from the movable or

immovable property, or both of the defaulter.

4. The learned Magistrate without adopting the aforesaid procedure has

proceeded to issue warrants of arrest against the petitioner which is

contrary to the law. Therefore, the order issuing warrants of arrest against

the petitioner is not sustainable in law.

5. Accordingly, the petition is disposed of by quashing the warrants of arrest

issued against the petitioner and remanding the matter to learned

Magistrate to proceed in accordance with provisions contained in 421 of

CrPC. It shall be open to the petitioner to approach the learned trial

Magistrate apprising him about his contention that the condition contained

in the compromise has not fulfilled by the respondent. Learned Magistrate

shall deal with said objection of the petitioner before proceeding further in

the matter.

CrlM 2080/2025 in CRM (M) 823/2025

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6. A copy of this order be sent to the learned trial magistrate for information

and compliance.

(Sanjay Dhar)

Judge

SRINAGAR

24-12-2025

Sarvar

CrlM 2080/2025 in CRM (M) 823/2025

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