SC to examine Uttarakhand HC’s quashing of FIR in Modi Bhawan demolition dispute
The Supreme Court is set to examine a challenge filed by businesswoman Dr Bina Modi against the Uttarakhand High Court’s decision quashing an FIR registered over the alleged demolition of Modi Bhawan number 1 on Camel’s Back Road in Mussoorie.
The petition raises the question of whether a criminal investigation can be halted solely because civil proceedings concerning the same property are pending.
The dispute relates to Modi Bhawan number 1, where rival claims over ownership and possession are already pending before civil courts.
Dr Modi has sought possession of the property, compensation and damages for its alleged illegal occupation, while the Radha Soami Satsang Beas (RSSB) claims rights over the property based on a 2001 transaction wherein they have purchased Modi Bhawan number 2, which is a separate property and has obtained interim protection in the pending civil litigation.
Rajinder Singh, Advocate representing Petitioner — Dr Bina Modi before Hon’ble Supreme Court, stated to The Pioneer: “I am representing Dr Bina Modi in the matter before the Supreme Court. The case is listed for hearing on Monday and beyond that I cannot comment on anything further before the hearing.”
According to the Special Leave Petition, the controversy escalated on the night of 14 February 2025, when Ajay Kumar Sikri, Secretary of RSSB, Mussoorie, along with others allegedly acting in concert with him and Hari Ram Sharma, proprietor of M/s Rajputana Security Services Pvt. Ltd., and his employee, Mr. Surendra Sharma, entered Modi Bhawan number 1 without authority.
The petition alleges that the residential bungalow was demolished overnight using heavy machinery and that the debris was removed soon thereafter. It further claims that furniture, paintings, antiques, personal belongings and original title documents worth several lakhs of rupees were taken away from the premises. Dr Modi also alleges that security personnel and bouncers were subsequently deployed to prevent her and her representatives from accessing the property, despite official records continuing to reflect her ownership of Modi Bhawan number 1.
The petition states that repeated complaints to the police did not result in registration of an FIR. It was only after the Judicial Magistrate, Mussoorie, passed an order under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, that FIR number 18 of 2025 was registered on 22 April 2025 at Police Station Mussoorie under various provisions of the Bharatiya Nyaya Sanhita relating to alleged criminal trespass, theft, conspiracy and other offences.
The accused subsequently approached the Uttarakhand High Court seeking quashing of the FIR. By its judgment dated 26 May 2026, the High Court allowed the petitions, observing that the dispute primarily concerned property rights already pending before civil courts. The Court held that permitting criminal proceedings to continue alongside the civil suits could affect their adjudication and relied on judicial precedents cautioning against invoking criminal law in disputes that are predominantly civil in nature. It further observed that any evidence of criminality could be examined after the civil litigation reaches its conclusion.
Challenging the High Court’s ruling, Dr Modi contends before the Supreme Court that the existence of civil proceedings cannot by itself prevent the investigation of cognisable criminal offences. The petition argues that allegations of unlawful trespass, demolition of a residential building, removal of valuables and original title documents, and forcible occupation disclose independent criminal offences requiring a full police investigation irrespective of the pending civil suits.
The Supreme Court will now consider whether the High Court was justified in quashing the FIR at the threshold and whether the allegations merit restoration of the criminal investigation. The allegations remain contested, and the respondents will have an opportunity to present their case before the Court.
