Court Quashes FIR in Property Dispute Case Involving VHP

Background

In a significant ruling, the Hon’ble Vivek Bharti Sharma , J., addressed three petitions concerning a violent property dispute involving the Vishwa Hindu Parishad (VHP) and the family of the late Subhash Mittal . The case arose from an incident on October 11, 2012, where allegations were made against the petitioners for forcibly attempting to take possession of a property in Dehradun, leading to multiple FIRs and counter FIRs.

Arguments

The petitioners argued that the FIR against them was a retaliatory measure, claiming they were the rightful occupants of the property based on a registered gift deed from the heirs of the late Mahendra Devi . They contended that the complainant, Subhash Mittal , had no legitimate claim to the property and had orchestrated the incident to dispossess them. Conversely, the respondent's counsel maintained that the FIR disclosed a prima facie case against the petitioners, supported by medical evidence and witness testimonies.

Court's Analysis and Reasoning

The court meticulously examined the evidence, including the history of property ownership and the circumstances surrounding the incident. It noted that the petitioners were in settled possession of the property and that the allegations made by the complainant were inconsistent and lacked credibility. The court emphasized the right to private defense, stating that the petitioners acted to protect their property from unlawful aggression. The judge highlighted that the FIR was a misuse of legal process, aimed at retaliating against the petitioners rather than addressing genuine grievances.

Decision

Ultimately, the court quashed the charge-sheet and the FIR against the petitioners, concluding that the allegations were fabricated and constituted an abuse of the legal process. This ruling underscores the importance of protecting individuals' rights in property disputes and affirms the legal principle that one may defend their property against unlawful encroachment.