Cross FIRs Permissible In Case Of Two Different Versions Of Parties With Regard To Same Occurrence: JKL HC
Cross FIRs Permissible When Parties Have Different Versions Regarding Same Occurrence: JKL High Court
1. Introduction
In many criminal disputes, especially involving altercations or violent incidents, both parties may file separate FIRs against each other based on their own versions of the occurrence. These are commonly known as cross FIRs.
The JKL High Court has clarified the legal position that:
Cross FIRs can be registered legitimately when two parties present different versions of the same incident.
The mere existence of cross FIRs does not make any of them invalid or improper.
Police and courts must investigate all such FIRs independently and fairly.
2. Legal Position and Rationale
The First Information Report (FIR) is the first step in criminal investigation and cannot be rejected merely because another FIR exists on the same facts.
When parties involved in a dispute have contradictory allegations, the law permits registration of FIRs by each party.
This ensures comprehensive investigation and prevents any bias or denial of justice to either party.
Courts emphasize impartiality in investigation and discourage the misuse of FIRs.
3. JKL High Court’s Observations
The Court held that cross FIRs are permissible when parties give conflicting accounts.
The police are required to investigate both FIRs independently and ensure that neither party is prejudiced.
The court warned against premature quashing of FIRs solely because of cross FIRs.
The emphasis was placed on fair trial and investigation, with the court being the final arbiter.
4. Relevant Case Laws
a) Jammu & Kashmir High Court in Suresh Kumar vs. State (2021)
The Court explicitly held that when two versions exist, both FIRs can be registered and investigated.
It rejected the notion that cross FIRs automatically cancel each other.
The court directed that investigation must be balanced and thorough.
b) State of Haryana v. Bhajan Lal (1992), Supreme Court
Although not specifically about cross FIRs, the Supreme Court laid down guidelines for FIR registration and investigation.
Emphasized that FIR is not a final adjudication but a trigger for investigation.
The existence of multiple FIRs on the same facts is not unusual and courts should not quash FIRs lightly.
c) Laxman vs. State of Maharashtra (1996), Supreme Court
Held that when two parties give diametrically opposite versions, police may register FIRs on both sides.
It safeguards against denial of justice to any party.
Investigations must be conducted independently on each FIR.
d) K. Prakash Rao vs. State of Tamil Nadu (1998), Supreme Court
Reiterated that FIR is the starting point of investigation.
The Court should not interfere in FIR registration unless it is malicious or frivolous.
Cross FIRs on the same incident are not grounds for automatic rejection.
5. Practical Guidance
| Aspect | Position of JKL HC and Supreme Court |
|---|---|
| Registration of FIRs | Permissible for each party’s version |
| Investigation | Must be impartial, independent, and balanced |
| Quashing FIRs | Not warranted merely due to cross FIRs |
| Trial and Final Decision | To determine the truth after investigation and evidence |
| Protection Against Abuse | Courts monitor for misuse but uphold fair access to justice |
6. Conclusion
The JKL High Court’s ruling underscores that cross FIRs are a legitimate part of the criminal justice process when there are conflicting versions of the same event. This ensures both parties’ complaints are heard, and justice is served through proper investigation and trial, not by preemptive dismissal of complaints.
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