Srinagar, Jul 10: The High Court of J&K and Ladakh has ruled that once a criminal court records a compromise, disposes of the complaint and acquits the accused, it ceases to have jurisdiction over the proceedings unless a specific statutory provision permits further action. A bench of Justice Wasim Sadiq Nargal said this while allowing one Gulzar Ahmad Ganaie’s plea whereby he had sought to quash execution proceedings initiated by the Chief Judicial Magistrate (CJM), Budgam, to enforce a compromise reached in a cheque dishonour case.

In his plea, Ganaie had assailed the CJM’s orders dated November 17, 2025, and May 6, 2026, with the contention that the Magistrate lacked jurisdiction to entertain execution proceedings after the complaint had already been decided and he had been acquitted. The dispute arose from a complaint under Section 138 of the Negotiable Instruments Act. During the pendency of the case, the parties entered into a compromise on July 26, 2024, under which Ganaie agreed to pay Rs 6.60 lakh to the complainant, while the complainant agreed to provide a patch of land to Ganaie. Acting on the settlement, the CJM dismissed the complaint and acquitted the accused.

Subsequently, alleging that the terms of the compromise had been violated, the complainant-initiated execution proceedings before the CJM.  The CJM entertained the application and subsequently directed the complainant to furnish details of the petitioner’s properties for attachment. Assailing the proceedings before the High Court, the petitioner argued that once the complaint had been disposed of and the accused acquitted, the criminal court had exhausted its jurisdiction and could not revive the matter by executing the settlement.

Before the High Court the question for consideration was whether, after recording the compromise between the parties and dismissing the complaint, the CJM retained jurisdiction to subsequently entertain execution proceedings and direct attachment of the petitioner’s property on the allegation that the terms of the settlement had not been complied with.

“Once parties voluntarily settle their dispute and place such settlement before the criminal court, it is open to the court to record the compromise and dispose of the complaint accordingly. Upon acceptance of the compromise and passing of a final order disposing of the complaint, the criminal proceedings attain finality,” the bench noted.    

The court observed that the criminal proceedings stood concluded and the Magistrate became “functus officio”. Thereafter, the criminal court ceased to possess any continuing jurisdiction over the complaint, it observed. The bench further noted that although the compromise had been recorded, the final order neither incorporated the terms of the settlement into its operative portion nor directed that the agreed amount would be recoverable under Sections 421 and 431 of the Code of Criminal Procedure.

It held that coercive recovery mechanisms available under criminal procedure can be invoked only when there is an executable judicial direction and not merely because parties have entered into a private settlement. The bench observed that while a settlement creates independent contractual rights and obligations between the parties, any breach gives rise to a fresh cause of action and cannot be enforced through execution proceedings before a criminal court after the complaint has attained finality.

Srinagar, Jul 10: Jammu and Kashmir Chief Minister Omar Abdullah on Friday said his National Conference (NC) party is seeking permission for a protest at Jantar Mantar, but alleged that some people were trying to “sabotage” their plan.

The NC had announced a sit-in protest in the national capital on July 20, the opening day of Parliament’s Monsoon Session, to press the Centre to restore Jammu and Kashmir’s statehood.

The party has also invited 52 leaders of political and religious outfits across the country to join its protest.

Speaking to reporters here on the sidelines of an event, the CM said the party is yet to get permission for the protest.

“On the 20th (of July), a programme is to take place, if we get permission for it. We are trying to get the permission,” he said.

Referring to permission granted to the Cockroach Janta Party for the protest, the chief minister said that while the digital outfit received approval within 24 hours, the National Conference had been waiting for the past 4-5 days.

Abdullah also alleged that some people were trying to “sabotage” the NC plan.

“We have been trying for four-five days. Some people are engaged in sabotaging our programme. They have changed their dates and matched them with our dates,” he said, without naming anyone.

To a question about the suspension of four teachers in Ganderbal district over irregularities in Amarnath Yatra duty, the CM said the issue is up to the Shrine Board, asserting the elected government does not interfere in the management of the annual Yatra.

“There might be interference in our work occasionally, but we do not interfere in the management of the yatra. Our role is to support. And every department has to play a role in yatra management and yatra support, that we have to fulfill,” he said.

Abdullah said most of the responsibility lies with the Tourism Department as it is the parent department for the yatra.

“The funds that are released happen through tourism; the coordination happens through tourism. So, from our side, our complete effort is that the Shrine Board should continue to receive the cooperation it should get from the government,” he said.

On the scope of religious tourism in J-K, Abdullah said there is no lack of potential for the sector in the region.

“There is something for every religion. We have shrines, mosques, gurudwaras, temples, churches, and stupas. Amarnath Yatra is underway, and you can see that the number of people on pilgrimage is much more than those who have registered. It is becoming difficult for the Shrine Board to adhere to the Supreme Court orders, which put a ceiling on the number of yatris. So, that is a part of religious tourism,” he said.

He also said that this year, more people came for the annual Kheer Bhawani Mela than last year.

“Last year, I think not more than 5-6 thousand people came. This time, 10,000 stayed there for the night. The number during the day was more than 30,000. Similarly, in other places, religious tourism is going on, whether it is in Jammu or in Kashmir,” he said.

Abdullah added that wherever shrines need to be repaired or renovated, or where access needs to be made easier, the government approves such projects wherever they come to it.

On the issue of climate change, Abdullah said it is a global problem and not a local one.

“If it were a problem of Srinagar or Kashmir, we would fix it. But this is a global problem. This problem has been created by those countries which made a lot of progress while creating the problem. When we fell behind, these countries went ahead like the G7 and G8, and became the most developed countries. They ruined the environment for their progress,” the chief minister said.

“Now that they have achieved progress, they are telling other countries to save the environment. Saving the environment is our responsibility; we have to do it. But no one can do it alone,” he said.

The CM said people need to acknowledge that climate change is a reality.

“Some people are not even ready to believe that. Even today, many people are absolutely not ready to accept this thing that there is climate change. Global warming is a thing,” he said.

He pointed out that mountains used to be adorned with snow even in summers, but now nothing of that remains.

“There was a time when the (Amarnath) Shivling would remain for 15, 20, 25 days for the pilgrims. Today, it hasn’t even been a week (it has melted). And this is something you cannot create artificially. You might remember a governor tried to make a fake one. What happened to that? You cannot do anything fake in this. It is made by the Almighty. It comes and goes. If we fix climate change, maybe it will last a little longer,” he said.

Abdullah also expressed hope that the tourism destinations closed in the wake of last year’s Pahalgam terror attack would be reopened soon.

He said Union Home Minister Amit Shah had assured him during his visit to Jammu earlier this year that those places would be reopened in summer.

“He had assured that it would happen in the summer months this year. I hope that when the Yatra ends and the forces that have been deployed for the yatra are redeployed, then these closed places will be reopened,” he added.

Srinagar, July 10: Mirwaiz-e-Kashmir Dr. Moulvi Mohammad Umar Farooq on Friday paid tributes to the July 13, 1931 martyrs, saying their sacrifice remains “etched in our collective memory” and that the people of Jammu and Kashmir will always honour them for their struggle for rights and dignity.

Addressing the Friday congregation at the historic Jamia Masjid in Srinagar ahead of the 95th anniversary of the killings, Mirwaiz recalled that 21 Kashmiris were shot while demanding basic rights, describing the incident as the beginning of the people’s long struggle for human rights and dignity.

“13th July is upon us, a day when we recount the sacrifice of 21 innocent Kashmiris who were shot dead on this day 95 years ago in 1931 for demanding basic rights, and laid the foundation for the long struggle of the people of Jammu and Kashmir for human rights and dignity,” he said.

Mirwaiz said the historic Jamia Masjid had witnessed the funeral prayers of the slain protesters, led by Muhajir-e-Millat Mirwaiz Moulana Muhammad Yusuf Shah and attended by tens of thousands of people.

He said that since the time of Mirwaiz Moulvi Muhammad Farooq, it had been a tradition to take out a peaceful procession to the Martyrs’ Graveyard to pay homage to the July 13 martyrs and renew the people’s commitment to peacefully pursue the ideals for which they laid down their lives.

Mirwaiz said that if the authorities permit, people would follow the longstanding tradition this year by visiting the Martyrs’ Graveyard at Naqshband Sahib after Zuhr prayers on July 13 to offer Fatiha and pay tributes.

Turning to the National Conference’s proposed protest at Jantar Mantar, Mirwaiz said he had received an invitation from party president Farooq Abdullah to participate.

He welcomed efforts aimed at restoring the rights of the people of Jammu and Kashmir, saying such initiatives were necessary if pursued with sincerity. He also said the National Conference government had a responsibility to fulfil its electoral promise of restoring Jammu and Kashmir’s pre-2019 constitutional position, including statehood and Articles 370 and 35A.