5 years, 5 months ago

Disputed Property Claim Based On Inheritance Cannot Be Decided In A Criminal Proceeding: SC [Read Judgment]

The Supreme Court observed that a disputed property claim based on inheritance can be only in an appropriate civil proceeding and not in a criminal proceeding. The bench of Justice Navin Sinha and Justice BR Gavai quashed a complaint, which it noted is only a civil dispute with regard to inheritance amongst the legal heirs. Referring to State of Haryana vs. Bhajan Lal, the bench, while considering the appeal against the High Court order, said that where the allegations made in the FIR or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute a case against the accused, the High Court would be justified in quashing the proceedings. It said: We are of the considered view, that the issues raised reflect a civil dispute with regard to inheritance amongst the legal heirs.

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