VidhiSangh

Supreme Court of India · 18/07/2025

MALA CHOUDHARY & ANR. versus STATE OF TELANGANA & ANR.

[2025] 7 S.C.R. 1208 · 2025 INSC 870

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Summary

The Supreme Court quashed an FIR under Sections 406 and 420 IPC arising from an oral agreement to sell land, finding that the complainant had dressed up a purely civil dispute over non-execution of a sale deed as a criminal case, with allegations in the FIR materially at variance with his own plaint for specific performance; the High Court's cryptic disposal of the quashing petition without touching the merits was disapproved, and exemplary costs of Rs 10 lakh were imposed on the complainant.

Issues

  1. Whether the High Court was justified in disposing of a petition under Section 482 CrPC seeking quashing of an FIR by a cryptic order that did not address the merits.
  2. Whether the allegations in the FIR, read with the complainant's own civil suit for specific performance arising from the same transaction, disclosed any offence under Sections 406 and 420 IPC or merely a civil dispute.
  3. Whether the complainant should be visited with exemplary costs for misusing the criminal process, and whether the appellants were entitled to police protection.

Provisions considered

Held

Result

Appeal allowed. The High Court's order dated 28 April 2023 set aside; FIR No. 771 of 2020 and all consequent proceedings declared a gross abuse of process and quashed. Cost of Rs 10,00,000 imposed on the complainant (respondent No. 2), payable to the appellants' account within 30 days. The appellants' refund offer and the complainant's refusal to be recorded in the civil suit; police authorities to provide security to the appellants on prior e-mail intimation of visits to Hyderabad/Telangana. Pending applications disposed of.

Judgment PDF: Supreme Court of India, [2025] 7 S.C.R. 1208.