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Raj Kumar Chawla & Anr. vs. State (NCT of Delhi) & Anr.

Writ Petition (Criminal) · 2026:DHC:7927Decided 17 Sept 2026New Delhi Bench
W.P.(CRL) 2519/2023CNR: DLHC010348272023
Justice Madhu Jain

Background

A father and son who had negotiated to buy a Sainik Farms property for Rs. 9 crore, paid a partial deposit, and moved into the property, later found themselves facing an FIR for cheating and trespass after they stopped paying the balance amount and refused to vacate, citing unresolved doubts about who actually owned the property (which was itself entangled in competing Wills and inheritance disputes). They asked the High Court to quash the FIR, arguing the dispute was purely civil in nature.

Decision Breakdown

The Court declined to quash the FIR. It held that whether the petitioners had a genuine dishonest intent from the start, or whether they were legitimately awaiting proof of clear title, was a factual question requiring investigation, not something that could be resolved at the quashing stage. The Court noted the petitioners had repeatedly failed to deposit money as directed by this Court and the Supreme Court over several years, while continuing to occupy the property, which weakened their claim that they were merely protecting themselves pending verification of title. It emphasised that a genuine commercial or property dispute does not automatically block criminal prosecution if the FIR's allegations, taken at face value, disclose an offence.

Lesson Learnt

Simply because a dispute has a "civil" flavour (a property sale gone wrong) does not mean a court will automatically shut down a related criminal case, continuing to occupy someone else's property while resisting payment, especially over a period of years, can keep a cheating/trespass investigation alive.

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