Dehradun: The Uttarakhand High Court has quashed an FIR filed in connection with a property dispute involving Modi Bhavan No. 1 and No. 2 on Camel’s Back Road in Mussoorie, ruling that the matter is already the subject of pending civil litigation and that criminal proceedings at this stage would be premature.
Background of the Dispute
The dispute arose after the demolition of Modi Bhavan No. 1 in February 2025. Complainant Bina Modi, mother of former IPL chairman Lalit Modi, alleged that the demolition was carried out unlawfully by members of Radha Soami Satsang Beas (RSSB) led by Surendra Sharma. She also claimed that valuable artefacts were stolen and that a demarcation exercise ordered by local authorities was obstructed. Based on her complaint, an FIR was registered under multiple provisions of the Bharatiya Nyaya Sanhita (BNS), including criminal conspiracy and unlawful possession.
Civil Litigation Ongoing
Meanwhile, the ownership and possession claims over the property are already being contested before civil courts. Bina Modi has sought possession of the property, compensation, and damages for alleged illegal occupation, while RSSB has secured interim protection in support of its claim based on a 2001 transaction.
High Court's Observations
In its order passed last month, the High Court noted that both parties had already availed themselves of civil remedies and observed that continuation of criminal proceedings could affect adjudication of the pending suits. The court also referred to judicial precedents that caution against using criminal law to exert pressure in disputes that are predominantly civil in nature.
While counsel for the complainant argued that allegations of vandalism, theft, and malicious intent warranted a criminal investigation, the court held that such an investigation was “not necessary” at this stage. It observed that “any evidence of criminality could be examined after the civil suits are decided.”
Impact of the Order
Accordingly, the court quashed the FIR, which had earlier been upheld by a judicial magistrate, to ensure that the civil proceedings continue uninfluenced by parallel criminal action.
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About the Author: Pankul Sharma is a journalist based in Dehradun, Uttarakhand, with over 22 years of experience in journalism. He currently serves as a special correspondent, covering the Judiciary (High Court, NGT, Consumer Commission, and Tribunals), Archaeology, Culture, and Industry.
