A person mortgage his brother car and now filling FIR against me

712 votes

Based on the facts stated, your matter is primarily civil in nature, though police pressure is being used. You advanced a loan of ₹2 lakh and accepted the vehicle as security, along with RC, one key and a written agreement signed by the registered owner (brother). This shows prima facie consent of the owner. Therefore, allegations of theft or illegal possession are not automatically made out. Police cannot register an FIR merely on oral allegations without examining documents. At most, the dispute relates to recovery of money or validity of mortgage/pledge, which is a civil dispute. If the agreement bears the signature of the registered owner and consideration is proved, offences like theft or criminal breach of trust are not attracted. However, motor vehicles cannot legally be mortgaged without proper endorsement, and forceful retention may invite unnecessary criminal litigation. Hence, as a practical precaution, you should cooperate with police, produce the agreement, loan proof, and explain that possession was given voluntarily as security. You may also file a written representation to the SHO or senior officers stating facts and enclosing documents. If harassment continues or FIR is threatened despite documents, remedy lies before the High Court for protection or by filing an application against police misuse of power.

Advocate Ajay Shukla LawRato