Cancelling a cheating and forgery case registered against a 73-year-old widow by her youngest daughter residing in Singapore, the Karnataka High Court last week observed that criminal process cannot be permitted to become a surrogate for civil remedies or an instrument of pressure to secure an advantage in a pending partition suit.In an order dated July 21, Justice M Nagaprasanna allowed the petition filed by M V Mythili, 73, and her elder daughter M V Smitha, 50, cancelling the criminal proceedings initiated against them under charges of cheating and forgery. The case was registered on a complaint filed by Mythili’s younger daughter M V Shruthi, 48.Background of disputeMythili is the widow of Vasantha Rangan, who died in 2015, leaving behind several movable and immovable properties. In her complaint on October 22, 2025, Shruthi alleged that fraudulent transactions, forgery, and an unauthorised mutation of the khata in favour of her mother were carried out without her consent.Notably, the criminal complaint was filed after Shruthi had already instituted a partition suit in a Bengaluru civil court concerning the same estate.Appearing for the mother, advocate Thejaswini G submitted that the elderly widow, who lives alone, faced severe harassment following the registration of the criminal complaint. She presented photographs showing individuals resembling hired gangsters frequenting her residence, arguing that repeated police visits instilled fear rather than safety.The counsel also highlighted representation submitted by the mother to the commissioner of police, the State Human Rights Commission, and the Elderly Helpline to demonstrate continuous harassment.Opposing the petition, Shruthi argued that the plea was premature since the investigation was still at a nascent stage, contending that no prejudice would be caused if the probe was allowed to continue.Story continues below this adAlso Read | Don’t turn neighbour disputes into criminal cases, says Karnataka High CourtUnwanted intrusion into family disputeDismissing the complainant’s arguments, Justice Nagaprasanna held that the entire controversy was rooted in an inheritance and partition dispute, a domain where civil law reigns supreme.“Once the dispute had entered the exclusive province of the civil forum, the intervention of the police by setting the criminal law in motion amounted to an unwarranted intrusion into what is essentially a private familial dispute,” the bench held.Referring to the representations made by the elderly mother to various authorities, the court noted, “Her complaint paints a picture of an elderly widow living alone, besieged by threats emanating not merely from familial discord but… from the active involvement of police personnel and unknown persons acting at the behest of the complainant. The tenor of her representation leaves little room for doubt that she apprehended not merely litigation, but an imminent threat to her life and dignity.”The court emphasised that if Shruthi believes she is entitled to a share in her late father’s estate, her remedy lies in the civil court, a route she has already taken. “Criminal law cannot be permitted to become a weapon in aid of civil claims or a lever to secure bargaining power in a pending partition suit,” the court said.Story continues below this adThe High Court also observed that the facts presented a prima facie foundation for the mother to consider legal action against her daughter.“The facts of the case, at least prima facie, present a compelling foundation for the petitioner (mother) to contemplate proceedings for malicious prosecution against her own daughter… Whether such proceedings are to be instituted is a matter resting entirely within the mother’s discretion,” the order stated.Allowing the petition, the court concluded, “The present criminal proceedings, founded as they are upon a dispute already pending before the civil court, would constitute nothing but an abuse of the process of law and cannot be permitted to survive even for a fleeting moment.”