The Rajasthan High Court set aside a FIR that alleged cheating, forgery and criminal breach of trust in a family inheritance dispute, holding that the allegations did not satisfy the statutory ingredients of the offences and that proceeding under criminal law would amount to an abuse of process.
Background & Facts
The Dispute
The petitioners - Arvind Dave, Abhishek Dave and Priyanka Dave - are the sons and daughter-in-law of the late Shri Ramratan Dave and the late Smt. Vijayalakshmi Dave, both former government employees. After the deaths of their parents (father on 07.05.2021 and mother on 17.01.2022) a dispute arose among the siblings regarding succession to the parents' movable and immovable assets.
Key Facts
- The complainant, Smt. Pooja Dave (wife of Vinod Dave), filed a complaint before the Additional Chief Judicial Magistrate, Pali, alleging that the petitioners had submitted a false affidavit to a bank claiming to be the sole legal heirs of the deceased and had thereby withdrawn amounts from the deceased’s bank accounts.
- On the basis of the complaint, the police registered FIR No.80/2022 on 18.07.2022 at Police Station Transport Nagar, District Pali, invoking Sections 420, 467, 468, 471 and 406 of the Indian Penal Code (IPC).
- The investigating agency collected banking records, examined witnesses and scrutinised the affidavit but found no material indicating that the affidavit was forged, fabricated, altered or executed by impersonation.
- Consequently, the agency deleted the offences punishable under Sections 467, 468 and 471 IPC from the charge-sheet, retaining only the allegation of cheating under Section 420 IPC.
Procedural History
- 07.05.2021: Death of Shri Ramratan Dave.
- 17.01.2022: Death of Smt. Vijayalakshmi Dave.
- 18.07.2022: FIR No.80/2022 registered under Sections 420, 467, 468, 471 and 406 IPC.
- 2023: Criminal miscellaneous petition (S.B. Criminal Misc. Petition No. 2034/2023) filed invoking Section 482 CrPC for quashing the FIR.
- 19.05.2026: Date of conclusion of arguments before the High Court.
- 19.05.2026: Order reserved.
- 28.07.2026: Judgment pronounced.
Parties' Positions
- Petitioners: Contended that the FIR and the ensuing criminal proceedings were an abuse of process because the dispute centred on competing claims of inheritance, a matter that is civil in nature. They argued that the affidavit, even if factually incorrect, did not constitute a forged document within the meaning of the IPC.
- Respondent (State of Rajasthan): Asserted that the petitioners had committed offences of cheating, forgery and criminal breach of trust by falsely claiming heirship and obtaining the bank funds.
Relief Sought
The petitioners sought quashing of FIR No.80/2022, the charge-sheet, any further investigation and all consequential criminal proceedings, invoking the inherent jurisdiction of the Court under Section 482 CrPC.
