The Jammu & Kashmir and Ladakh High Court at Jammu has quashed an FIR lodged against an 85-year-old man and his two sons, observing that the case was nothing more than a civil family dispute painted in criminal colours. Justice Rajesh Sekhri, while delivering the order on 1st September 2025, made it clear that the allegations were "so absurd and inherently improbable" that no prudent person could believe them.
Background
The case stems from FIR No. 0208/2022, registered at Police Station Nowshera. The complainant, daughter-in-law of the petitioner Nanak Chand, had alleged that on the night of 4th/5th September 2022, the petitioners broke into her locked house, assaulted her, tore her clothes, and even stole cash and gold. She accused her father-in-law and brothers-in-law of outraging her modesty.
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But the family feud had deep roots. The court noted that Nanak Chand had disinherited his eldest son (husband of the complainant) back in 2018, following disputes over a will deed and power of attorney. The disinheritance triggered a long line of complaints, counter-complaints, and even civil suits.
Court's Observations
Justice Sekhri did not mince words. He referred to earlier Supreme Court rulings, including the landmark Bhajan Lal case, stressing that High Courts must prevent civil disputes from being disguised as criminal proceedings.
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"The allegations of an 85-year-old father-in-law and his sons breaking into the house, assaulting the complainant and committing theft in broad daylight are not only absurd but inherently improbable," the judge remarked.
He further added that the FIR appeared to be driven by malice, aimed at pressuring the elderly petitioner into conceding property claims.
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The bench pointed out inconsistencies in the complainant’s version. Although she alleged theft of cash and jewellery, no other witnesses corroborated this claim. Even statements recorded during investigation failed to support her charge of molestation.
"The Court is required to focus on the substance of allegations rather than the form," Justice Sekhri observed,
cautioning that cleverly drafted complaints could not be allowed to turn civil quarrels into criminal prosecutions.
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Decision
Concluding that the FIR was a product of vengeance over the son’s disinheritance, the court stepped in to quash it.
"The impugned FIR has been lodged by the private respondent to give vent to her frustration and feed fat the grudge of disinheritance," the order stated.
Accordingly, the petition was allowed, and the FIR - along with all consequential proceedings - stood quashed.
Case Title: Nanak Chand and Others vs. Union Territory of J&K & Another
Case Number: CRM(M) No. 786/2022
