[Forgery Of Will] Criminal Proceedings Cannot Be Obliterated Merely Because An Issue Appears To Be Civil In Nature: Karnataka High Court
8 months, 2 weeks ago

[Forgery Of Will] Criminal Proceedings Cannot Be Obliterated Merely Because An Issue Appears To Be Civil In Nature: Karnataka High Court

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The Karnataka High Court has refused to quash a case of cheating registered against a mother and son who are alleged of fabricating documents in order to acquire title in a property. A single judge bench of Justice M Nagaprasanna dismissed the petition filed by Vanitha and Venkatesh M and said, “It is no law that merely because an issue brought before the Court appears to be civil and is standing on the heels of crime, it should be obliterated.” As per the complaint filed by Milli T Shah, her father had executed a Will dated 14-08-2002 in respect of all his properties and had died on 31-07-2008. However, on 21-05-2024 when they sought to verify the records in respect of the property, they come across a Gift Deed dated 19-02-2024 executed by Vanitha in favour of her son, on the basis that the father of the complainant had executed a Will dated 01-10-2005 in favour of Vanitha's husband. it would be putting a premium on the alleged activities of the petitioners.” Rejecting the contention of the petitioner that the matter is purely civil in nature, the court said “An act or a fact would give rise to two circumstances – one setting civil law into motion and the other criminal law.

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