The Supreme Court of India has ruled that mere delay in filing a First Information Report (FIR) is not a valid reason to quash it if the FIR reveals a cognizable offence punishable with imprisonment of more than three years.
This ruling was given in the case of Punit Beriwala vs State of NCT of Delhi and Others, where the FIR had been filed under Sections 467, 468, 471, 420, and 120B of the Indian Penal Code (IPC). The High Court had previously quashed the FIR due to a 16-year delay, but the Supreme Court overturned that decision.
“It is settled law that delay in registration of the FIR for offences punishable with imprisonment of more than three years cannot be the basis of interdicting a criminal investigation,” the Supreme Court stated.
The appellant, Punit Beriwala, had entered into an Agreement to Sell in 2004 for a property in Delhi. He alleged that the sellers, including Vikramjit Singh and Maheep Singh, misrepresented facts and concealed that the property was already mortgaged. It was only in December 2021 that Beriwala discovered a fraudulent sale deed and filed a complaint shortly after, on 12th January 2022.
“Section 469 CrPC provides that the period of limitation commences from the date on which the offence comes to the knowledge of the person aggrieved,” noted the bench.
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The Supreme Court emphasized that, according to Section 468 of the Criminal Procedure Code (CrPC), there is no limitation for offences that carry a punishment of more than three years. It further clarified that civil proceedings and criminal proceedings can run simultaneously and that entering into civil litigation does not negate the need for a criminal investigation if a cognizable offence is disclosed.
The Court also highlighted that the FIR filed by the appellant preceded the civil suit stay and found contradictions in the defence statements of the accused. The sale deed executed in 2021 showed that the accused continued to deal with the property despite the ongoing civil dispute.
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“Accordingly, prima facie there is no delay in filing the criminal proceedings,” the Court held.
The bench comprising Justices Dipankar Datta and Justice Manmohan allowed the appeal, revived the FIR, and restored the criminal investigation against Vikramjit Singh and Maheep Singh.
“Extraordinary and inherent powers of the Court should not be used in a routine manner... investigation must be allowed to reach its logical conclusion,” the Court observed.
Other reports about the judgment can be read here.
Case Title: PUNIT BERIWALA VERSUS THE STATE OF NCT OF DELHI AND ORS.
