NRI seeking Criminal Lawyer for Syndicate Fraud & Forgery (IPC 467)

808 votes

The details indicate that a forged Will was declared “illegal, null and void” by a Civil Court decree in 2018, establishing judicial proof of forgery and misuse of the deceased as a ‘pawn’. The forgery allegedly occurred in 2012, before the civil suit was filed in 2013, which supports the claim of prior fraudulent intention. The reliance on the Supreme Court judgment Iqbal Singh Marwah vs. Meenakshi Marwah is relevant, as the Court held that criminal proceedings for forgery and cheating can continue even if civil proceedings are pending or decided, because both have different objectives and standards of proof. Therefore, filing a private criminal complaint is legally permissible, particularly for offences under IPC 467 and 120B, which relate to forgery of valuable documents and criminal conspiracy. The civil decree strengthens the evidence, but registration of FIR will depend on police evaluation of facts and documents.

Advocate Poonam Malik LawRato

715 votes

Hello, In this situation, you should seek registration of an FIR against the accused on the basis of the court decree. If the police refuse to register the FIR, you may then proceed by filing a criminal complaint before the appropriate court. The judgment you have referred to cannot be cited at this stage because it becomes relevant only after an FIR has been registered or a criminal complaint has been filed. It will be useful during the stage of arguments.

Advocate Sumegh Garg LawRato

799 votes

It is respectfully submitted that the civil court’s decree operates as a substantive and binding judicial finding declaring the alleged 2012 will to be forged. The said decree is not incidental or collateral; it is a determinative adjudication rendered after full appreciation of evidence. Such a finding, in itself, constitutes a strong prima facie basis to set the criminal law in motion, as forgery of a testamentary instrument strikes at the very root of public faith in documents of succession. It is further submitted that the factual matrix clearly discloses a continuous and pre-planned fraudulent design commencing in 2012, carried forward with the intention of unlawfully securing benefits under the fabricated will. This continuity of conduct negates any presumption of inadvertence and establishes a deliberate scheme. Moreover, the participation of multiple family members, acting in concert and to a common end, satisfies the legal ingredients of criminal conspiracy under Section 120-B IPC. The coordinated acts, shared motive, and unified execution demonstrate collective culpability. In view of the gravity of offences under Section 467 IPC, the investigating agency is under a statutory obligation to conduct a comprehensive and impartial investigation. Once a civil court has recorded a finding of forgery, the criminal process must proceed independently to ensure accountability and prevent abuse of judicial proceedings.

Advocate Neha Gupta LawRato

629 votes

There are Various legal Remedies to deal with it . Rest depends on matter. feel free to Contact for further advice and assistance Thank You Regards Advocate Kuber Hooda Punjab and Haryana High Court Delhi High Court

Advocate Kuber Hooda LawRato

733 votes

Hi, you can get an FIR registered depending on what the outcome of the civil case. However, usually, after passage of time, sometimes officials avoid doing the same as it is tough for them to get evidences against the accused and they might simply say that you already got relief from civil case.

Advocate Arvind Yadav LawRato