Can Civil and Criminal proceedings be conducted simultaneously in the same matter?

The answer to this question is in the affirmative. With the growing use of technology, there is an escalating operation of online websites, documents and digital signatures. Even all the banking transactions can take place comfortably in your hand through mobile phone or laptops. This has caused a sweeping increase in fraud and forgery cases and there has been a question before all of us if a criminal case has to be filed or the victim should proceed by filing a civil suit for the recovery of the loss caused to them or both criminal and civil proceedings can be filed simultaneously.

The offences affecting the rights of a person in respect to his property and more so offences such as Criminal Breach of Trust, Stolen property, Cheating, Fraudulent Deeds and Disposition of Property, etc. a criminal proceeding can be initiated and the accused can be brought to justice. Similarly, in this type of cases a civil suit can also be initiated for recovery of money, property or title dispute as regard to the loss incurred. Regarding the facts and circumstances of the case, the criminal proceedings may be given more significance than the civil proceeding, however there is no hard and fast rule regarding the same.

Both civil and criminal proceedings can be initiated by the victim simultaneously with distinct impetus and objective. The Supreme Court in P. Swaroopa Rani vs. M. Hari Narayana (AIR 2008 SC 1884) held that: “…It is, however, well-settled that in a given case, civil proceedings and criminal proceedings can proceed simultaneously. Whether civil proceedings or criminal proceedings shall be stayed depends upon the fact and circumstances of each case.”

Earlier in M. S. Sheriff vs. The State of Madras and Others (AIR 1954 SC 379), a constitution bench of the Supreme Court while discussing the precedence of both criminal and civil matter as to which proceeding should be stayed observed that: “…As between the civil and the criminal proceedings we are of the opinion that the criminal matters should be given precedence. There is some difference of opinion in the High Courts of India on this point. No hard and fast rule can be laid down but we do not consider that the possibility of conflicting decisions in the civil and criminal courts is a relevant consideration. The law envisages such an eventuality when it expressly refrains from making the decision of one court binding on the other, or even relevant, except for certain limited purposes, such as sentence or damages. The only relevant consideration here is the likelihood of embarrassment.”

“…Another factor which weighs with us is that a civil suit often drags on for years and it is undesirable that a criminal prosecution should wait till everybody concerned has forgotten all about the crime. The public interests demand that criminal justice should be swift and sure; that the guilty should be punished while the events are still fresh in the public mind and that the innocent should be absolved as early as is consistent with a fair and impartial trial. Another reason is that it is undesirable to let things slide till memories have grown too dim to trust. This, however, is not a hard and fast rule. Special considerations obtaining in any particular case might made some other course more expedient and just. For example, the civil case or the other criminal proceeding may be so near its end as to make it inexpedient to stay it in order to give precedence to a prosecution ordered under section 476. But in this case, we are of the view that the civil suits should be stayed till the criminal proceedings have finished.”

The Supreme Court in Syed Askari Hadi Ali Augustine Imam and Ors. vs. State (Delhi Admn.) and Ors. (AIR 2009 SC 3232) discussed the same issue and reiterated that: “…Indisputably, in a given case, a civil proceeding as also a criminal proceeding may proceed simultaneously. Cognizance in a criminal proceeding can be taken by the criminal court upon arriving at the satisfaction that there exists a prima facie case.

The question as to whether in the facts and circumstances of the case one or the other proceedings would be stayed would depend upon several factors including the nature and the stage of the case.”

10. It is, however, now well settled that ordinarily a criminal proceeding will have primacy over the civil proceeding. Precedence to a criminal proceeding is given having regard to the fact that disposal of a civil proceeding ordinarily takes a long time and in the interest of justice the former should be disposed of as expeditiously as possible.”

The High Court of Andhra Pradesh discussed the same point in N. Gurucharnam vs. The State of Andhra Pradesh (2013 CriLJ 1061) held that: “…When there are both civil and criminal liabilities in respect of an issue against a person, he is liable to be prosecuted both on the criminal side and on the civil side.”

Thus, in view of the above judgements and the facts and circumstances of the case, the victim may file and FIR and also file suit for the recovery of the loss incurred as against the offence committed by the accused. The purpose of both may be different, FIR may be filed for determination of penal reprimand and civil case may be filed for the convalescence of the financial loss incurred due to the act of other party.