FIR against Old aged person
Introduction
The Jammu & Kashmir and Ladakh High Court, in the case of Nanak Chand and Ors. v. UT of J&K & Anr., has quashed criminal proceedings initiated against an 85-year-old man and his two sons. Justice Rajesh Sekhri held that the allegations of assault, outraging modesty, and theft were “absurd, inherently improbable and actuated with malice,” as the dispute was essentially civil in nature concerning property inheritance.
Case Background
A woman, the daughter-in-law of the petitioner Nanak Chand, lodged an FIR in 2022 alleging that her father-in-law and brothers-in-law forcibly entered her house, assaulted her, tore her clothes, outraged her modesty, and stole gold ornaments and cash in broad daylight.
However, the High Court found the allegations to be motivated by an ongoing family property dispute.
Property Dispute Behind the FIR
The record revealed that the complainant’s husband had allegedly misled the petitioner into executing a Will and Power of Attorney in his favour back in 2018. Upon realizing the fraud, the 85-year-old man revoked both documents in September 2018, which gave rise to civil litigation between the parties. The FIR filed years later was seen as an extension of this inheritance conflict, rather than a genuine criminal act.
Court’s Legal Reasoning
Justice Sekhri relied on the principle that criminal law should not be used to settle civil disputes. The Court observed:
A civil dispute may be camouflaged and given a criminal texture with a veiled object of persecution rather than prosecution.”
The Court also noted several improbabilities:
One accused son was serving with the CRPF in Jharkhand at the relevant time.
Another was settled in Manali, making their alleged presence at the crime scene unlikely.
Accordingly, the Court concluded that the FIR was frivolous, malicious, and an abuse of criminal process.
Significance of the Judgment
This judgment reinforces the principle that criminal proceedings cannot be misused as a tool in property disputes. Courts have a duty to filter out false and motivated cases at the initial stage to prevent harassment of innocent parties.
The decision also serves as a reminder that allegations of serious offences like outraging modesty or assault must be scrutinized with caution when they appear linked to family inheritance battles.
Conclusion
The Jammu & Kashmir and Ladakh High Court’s decision in Nanak Chand and Ors. v. UT of J&K & Anr. is a strong reaffirmation against the misuse of criminal law for malicious prosecution in civil property disputes. By quashing the FIR against the elderly petitioner and his sons, the Court has safeguarded the principle that criminal law is meant for prosecution, not persecution.
Keywords
J&K&L High Court judgment, FIR quashed, property dispute, false allegations, outraging modesty, malicious prosecution, Jammu & Kashmir High Court case, inheritance dispute, abuse of criminal process.
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This article cover the report on Jammu and Kashmir high court judgement on quashing of FIR in case related to outraging modesty of women and legal points, further you can read here important judgements and legal principles laid down by Hon’ble supreme court of India, this article is posted by Advocate Shivaji Rathore (J&K high court jammu) for more important legal topics stay connected with us, on tacit legal we post on YouTube channel also named as Tacit Legal helpful for Law students newely enrolled Advocate in India and other states, Follow us on Instagram also, Read our articles on important Questions of Law. #tacitlegal
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