When a property dispute turns criminal: cheating, forgery and the limits of an FIR
Property disputes generate real anger, and an FIR can feel like the fastest expression of it. But a contractual failure is not automatically an offence, and complaints that dress up a civil dispute in criminal language are routinely quashed.
Where a genuine offence may lie
- Cheating, where dishonest intention existed at the time the promise was made — not merely a later failure to perform.
- Forgery or use of a forged document, such as a fabricated power of attorney or a manipulated title deed.
- Criminal breach of trust, where property entrusted for one purpose is dishonestly diverted to another.
Where it does not
A promoter who took money intending to build and then failed — through mismanagement, market conditions or incompetence — has broken a contract. The distinguishing question is intention at the outset, and it has to be pleaded with particulars.
The test is dishonest intention at the time of the promise, not disappointment at the end of it.
A criminal complaint filed alongside a civil claim can undermine both. Take a considered view on which remedy is actually available before filing either.
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