Team Goemkarponn
PANAJI: The Bombay High Court’s Goa bench has quashed a criminal case against a 53-year-old Portuguese citizen holding an OCI card, observing that the allegations of forgery and cheating did not stand even at a preliminary level and that continuing the case would be a misuse of the legal process.
Justice Ashish Chavan, while hearing a criminal writ petition filed by Elizabeth Flora Dias, also known as Elisabeth Flora Luis, struck down the FIR registered at Vasco Police Station under Sections 465, 468, 471 and 420 of the Indian Penal Code.
The court held that the matter squarely fits within the guidelines laid down by the Supreme Court in the landmark Bhajan Lal case, which outlines circumstances where criminal proceedings can be quashed to prevent abuse of law.
The complaint, filed by Ravi Luis in July 2025, came nearly two years after both parties had jointly submitted affidavits before the Mamlatdar of Mormugao for mutation of property. The complainant alleged that the petitioner misrepresented her nationality by claiming to be Indian while holding a Portuguese passport.
However, the High Court pointed out that the affidavits were properly attested and accepted by the competent authority, and notably, the Mamlatdar had not raised any grievance or initiated any complaint regarding wrongdoing.
Addressing the forgery charges, the court found that a crucial requirement — the creation of a “false document” — was not demonstrated. It clarified that offences under Sections 465, 468 and 471 hinge on this element, which was missing in the present case.
On the allegation of cheating, the bench noted that no harm or loss was caused to either the complainant or the State. It further observed that even if the petitioner had not disclosed her Portuguese citizenship, it did not legally prevent her from applying for property mutation.
The court also recorded that OCI cardholders are permitted under law to acquire residential property and undertake mutation proceedings in India.
Additionally, the bench took note of the strained relations between the parties, with the complainant admitting to having filed multiple complaints after gathering information about the petitioner.
In view of these findings, the High Court quashed the FIR and brought the proceedings to an end.
