Karnataka HC Quashes Criminal Case Against Mother, Sister in Family Property Row

The Karnataka High Court has quashed criminal proceedings initiated by a woman against her mother and elder sister over a family property dispute, ruling that criminal law cannot be used as a tool to exert pressure in civil matters.

Justice M Nagaprasanna passed the order while allowing a petition filed by the mother and elder daughter seeking to set aside the criminal case lodged by the younger daughter, who resides in Singapore.

The dispute arose following the death of the family patriarch, who left behind immovable property, fixed deposits, jewellery, and other assets. The younger daughter initially approached a civil court seeking partition and separate possession of her alleged share of the estate.

She subsequently filed a criminal complaint alleging that her mother and elder sister had fraudulently transferred the property's khata to the mother’s name using forged documents and a falsified signature. The complaint invoked offences under Sections 3(5), 318(4), and 336(3) of the Bharatiya Nyaya Sanhita, 2023.

The petitioners argued that the criminal case was an abuse of the legal process intended to harass the elderly mother, stemming entirely from the ongoing property disagreement without disclosing any genuine criminal offence.

Examining the records, the High Court noted that the civil partition suit covered claims relating to immovable property, bank accounts, fixed deposits, postal savings, sale proceeds, and jewellery. The court held that the genesis of the dispute concerned succession, inheritance, title, and entitlement to property—matters that lie within the exclusive province of civil courts.

Justice Nagaprasanna observed that what was essentially an inheritance dispute had been "clothed in the garb of criminality" and emphasised that criminal law should not be invoked to secure an advantage in private family disputes or substitute civil remedies.

The court further held that police should not have intervened once the parties had approached a civil forum. Taking note of allegations by the mother regarding harassment during the investigation—for which she had approached the Commissioner of Police, Elders Helpline, and Karnataka State Human Rights Commission—the court remarked that the circumstances could provide a basis for initiating malicious prosecution proceedings. Concluding that allowing the investigation to continue would amount to an abuse of process, the High Court set aside the criminal case.