Calls proceedings abuse of law
The High Court of Bombay at Goa has quashed an FIR registered against a 53-year-old Portuguese national and OCI cardholder, holding that the allegations of forgery and cheating were not made out even if taken at face value and that continuation of the proceedings would amount to an abuse of law.
Allowing a criminal writ petition filed by Elizabeth Flora Dias alias Elisabeth Flora Luis, the Bench of Justice Ashish Chavan set aside the FIR registered at Vasco Police Station under Sections 465, 468, 471 and 420 of the IPC.
“The continuation of the proceedings against the Petitioner would amount to an abuse of law,” the Court observed, adding that the case fell “squarely within the parameters set out” in the Supreme Court’s landmark judgment in State of Haryana vs Bhajan Lal.
The proceedings originated from a complaint filed by Ravi Luis in July 2025, nearly two years after the parties had together submitted affidavits before the Mamlatdar of Mormugao for effecting property mutation.
The complainant alleged that the petitioner falsely declared herself to be an Indian national despite holding a Portuguese passport, and hence misled authorities.
However, the Court noted that the affidavits were duly attested and accepted by the competent authority, and that there was no complaint from the Mamlatdar alleging any criminal wrongdoing.
“At the outset, there is no complaint filed by the Mamlatdar of Mormugao that the filing of affidavits by the Petitioner amounted to any criminal offence,” the Court said.
On the charge of forgery, the Court held that the essential ingredient of making a false document was not established.
“Taking the prosecution case at its face value, there is no allegation that the Petitioner has made or prepared a false document within the meaning of Section 464 of the IPC,” the judgment stated.
It further clarified that offences under Sections 465, 468 and 471 of IPC are founded on the existence of a false document, which was absent in the present case.
The Court also rejected the allegation of cheating, noting that no loss had been caused either to the complainant or to the State.
“Taking the allegations in the complaint to be true and correct, no loss is occasioned… Even assuming that the Petitioner did not reveal the fact that she had a Portuguese passport, there was no impediment to her applying for mutation,” the Court observed.
The prosecution had admitted that an OCI cardholder is legally entitled to purchase residential property and undertake mutation proceedings in India.
The Court also took note of the admitted hostility between the parties, with the complainant conceding that he had initiated multiple complaints after gathering information about the petitioner. In its final order, the Court ruled: “The FIR… is quashed and set aside,” while making the rule absolute.
