Rajasthan HC Urges Caution in Entertaining Criminal Complaints in Family Dispute

Rajasthan HC Urges Caution in Entertaining Criminal Complaints in Family Dispute

The Rajasthan High Court recently emphasized that criminal complaints arising from family disputes should not be accepted lightly or without thorough examination.

Justice Arun Monga further noted that when one family member accuses another of criminal wrongdoing in a complaint filed before a magistrate, both the judge and the police must exercise caution before registering a First Information Report (FIR).

“In such sensitive matters, it is imperative to act with circumspection, prioritizing efforts to mend familial relationships rather than exacerbating discord,” the Court underscored.

The Court emphasized that magistrates must personally verify the allegations through verbal inquiries or other methods, ensuring that the complainant fully understands and substantiates the claims. This process helps in deterring false or frivolous accusations.

In disputes involving allegations of a non-violent nature and magisterial trials, particularly when close/blood relatives are involved, magistrates should be mindful that the customary requirement of a sworn affidavit is often treated as a mere formality, relying on generic templates,” the Court added.

The Bench made these observations while considering a plea to quash an FIR filed by a 72-year-old woman against her daughter, son-in-law, and granddaughter. The FIR was registered following an order passed by the Chief Judicial Magistrate in Bikaner.
 
In her complaint, the elderly woman accused her family members of illegally appropriating her property, including money, gold, and silver. After reviewing the FIR, the Court noted that none of the alleged offences were substantiated, yet the magistrate had still directed the registration of the FIR.
 
“Qua the order of the CJM, directing the registration of FIR, no doubt, his approach reveals adherence to the procedure as envisaged under section 175, ibid. However, the order doesn't elaborate on any analysis or discussion of the material presented before him. Neither does his order record any satisfaction as to how the examination of the police report withstands the judicial rigor,” it added.
 
Section 175(3) BNSS has been invoked with no reasoning given for its application. The decision for registration of FIR is heavily reliant on the police's initial findings. A proactive approach by asking for supporting documentation would have ensured procedural fairness/any miscarriage of justice and judicial independence rather than point blank acceptance of police version,” it observed.
 
On the merits of the allegations, the Court stated that the refusal to repay money or return gold and silver ornaments allegedly lent by the 72-year-old to her family members does not amount to a criminal offence.
 
“On the other hand, the allegations only show that the dispute between the complainant and the petitioners is purely civil in nature, which has been given the colour of criminality in the complaint forming the basis of the FIR,” it added, while quashing the FIR.
 
 

 

 

 

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