VidhiSangh

Supreme Court of India · 04/04/2025

G.V. ADHIMOOLAM & ORS. versus THE INSPECTOR OF POLICE & ANR.

[2025] 4 S.C.R. 2484 · 2025 INSC 681

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Summary

The complainant alleged that in 2013 he had transferred Rs.1.5 crore to his elder brother's spinning mill company and paid Rs.20 lakh in cash to be made a partner in his niece's family's Nissan car dealership, was never inducted, and was abused, threatened and restrained when he went to their house in May 2019 to demand his money back. The Supreme Court quashed the FIR under Sections 420, 342, 294(b) and 506(1) IPC, holding that on the complainant's own version none of the accused had induced him to part with money, the six-year unexplained delay showed the criminal process was being used as a recovery device after the civil limitation had lapsed, the uncorroborated cash payment claim had no sanctity, and the May 2019 incident at the accused's own house, reported only after the accused had complained against the complainant, did not disclose the alleged offences.

Issues

  1. Whether the allegations in the FIR, taken at their highest, disclosed the ingredients of cheating under Section 420 IPC against the accused-appellants when the money was admittedly transferred to the complainant's brother's company on the brother's suggestion.
  2. Whether an unexplained delay of about six years in lodging the FIR over a 2013 transaction, after the limitation for a civil suit had lapsed, indicated abuse of the criminal process.
  3. Whether the allegations about the incident of 22 May 2019 at the accused's house disclosed offences under Sections 294(b), 342 and 506(1) IPC.
  4. Whether the High Court should have quashed the FIR in exercise of its inherent power under Section 482 CrPC.

Provisions considered

Held

Result

Appeals allowed. The Madras High Court's order dated 27 September 2022 set aside; FIR No. 21 of 2019 dated 4 June 2019 and all proceedings arising from it against the accused-appellants quashed as an abuse of the process of law. Pending applications disposed of.

Judgment PDF: Supreme Court of India, [2025] 4 S.C.R. 2484.