‘No loss caused to state or petitioner; proceedings an abuse of law’
Panaji: The High Court of Bombay at Goa on Wednesday quashed and set aside an FIR registered against a petitioner accused of swearing a false affidavit claiming to be an Indian national while holding a Portuguese passport, allegedly to mislead the mamlatdar.
“Even assuming that the petitioner did not reveal the fact that she had a Portuguese passport, there was no impediment to her applying for mutation, in view of the fact that she could legally purchase/hold a residential property in Goa,” the court said.
It said that as far as the allegations of cheating are concerned, taking the allegations in the complaint to be true and correct, no loss is occasioned to either the petitioner or the state.
The High Court also said that there was no delivery of property or intentional omission of an act likely to cause damage or harm to body, mind, reputation or property.
“Even taking the prosecution’s case at face value, the ingredients of cheating under Section 420 of the IPC were not made out,” the court said. The HC said that continuation of proceedings would amount to an abuse of law, as the complaint, FIR and investigation fall within the parameters laid down in the Supreme Court judgment in State of Haryana vs Bhajan Lal case.
Accordingly, the criminal writ petition was allowed and the FIR dated July 28, 2025, registered at Vasco police station was quashed and set aside.
The factual matrix of the case is as follows: On March 14, 2023, the petitioner, Elizabeth Flora Dias alias Elisabeth Flora Luis, along with Respondent No. 3 Ravi Angelo Luis, jointly filed affidavits before the mamlatdar of Mormugao in connection with mutation proceedings. The affidavits were attested by a notary and accepted by the competent revenue authority, which recorded the mutation. Nearly two years later, Respondent No. 3 filed a complaint dated July 28, 2025, at the Vasco police station alleging that the petitioner had sworn a false affidavit claiming to be an Indian national while holding a Portuguese passport and thereby cheated and misled the mamlatdar.
Acting on the complaint, the police registered an FIR, which was challenged in the present petition.
