Resolving Family Disputes Using Criminal Law An Abuse Of Legal Processes: Rajasthan High Court Quashes Nephew's FIR Over Property Dispute

While quashing a nephew's FIR against his uncle for offences of cheating and forgery, Rajasthan High Court reiterated that using criminal justice system to settle family property issues is a misuse of legal process, unless there is a clear prima-facie evidence of criminal intent.

Complainant alleged that the petitioner forged papers of his father's property to take over the same and was threatening the complainant to vacate the property after his father's death.

On the other hand, it was the case of the petitioner that the property in question was actually purchased by him in which the complainant's father and the petitioner's brother stood as a guarantor.

It was also submitted by the counsel for the petitioner that the petitioner had already filed a suit in 2007, in relation to the said property, against a third person for illegal construction. Owing to this suit, the complainant was well aware that the property belonged to the petitioner, however, the FIR was filed after so many years with an ill intention to take over the property.

After hearing both the sides, the bench of Justice Arun Monga highlighted that the core issue between the parties was fundamentally a family property dispute of civil nature concerning inheritance and ownership that needed to be decided based on documentary evidence and applicable inheritance laws. In this light, criminal law could not be invoked.

“This dispute should be resolved through civil litigation regarding inheritance rights, not through criminal charges. Criminal law cannot be used to settle civil disputes, and the FIR appears to be an attempt to escalate a family property dispute into a criminal case.”

The Court also opined that despite being aware of the property related legal proceedings initiated by the petitioner in 2007, the inordinate delay on part of the complainant in claiming title over the property weakened credibility in the allegations raised by him suggesting it to be merely a retaliatory measure.

“The petitioner has been involved in legal proceedings regarding the property (Suit No. 34/2007) long before this FIR was lodged. The complainant's filing of the FIR only after these civil proceedings indicates that it is being used as a tool to exert undue pressure on the petitioner in the ongoing property dispute.”

Finally, the Court observed that the FIR lacked sufficient facts to establish the elements for the offences of cheating and forgery as alleged by the complainant and there was no direct evidence of fraud or criminal intent on part of the petitioner.

Hence, it was ruled that continuing the criminal proceedings would be an abuse of legal process since it would not only subject the petitioner to harassment, humiliation and hardship but also waste judicial resources on a civil matter.

Accordingly, the FIR was quashed.

Title: Kishore Singh Mertiya v State of Rajasthan & Anr.

Citation: 2024 LiveLaw (Raj) 306

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