Punit Beriwala vs State Of NCT Of Delhi 2025 INSC 582 - S.482 CrPC - Civil Dispute
Code of Criminal Procedure 1973 - Section 482- Mere institution of civil proceedings is not a ground for quashing the FIR or to hold that the dispute is merely a civil dispute - Simply because there is a remedy provided for breach of contract, that does not by itself clothe the Court to conclude that civil remedy is the only remedy, and the initiation of criminal proceedings, in any manner, will be an abuse of the process of the court- Merely because the offence was committed during a commercial transaction, it would not be sufficient to hold that the complaint did not warrant a further investigation and if necessary, a trial (Para 28)- Power of quashing of a complaint/FIR should be exercised sparingly with circumspection and while exercising this power, the Court must believe the averments and allegations in the complaint to be true and correct- Save in exceptional cases where non-interference would result in miscarriage of justice, the Court and the judicial process should not interfere at the stage of investigation of offences. Extraordinary and inherent powers of the Court should not be used in a routine manner according to its whims or caprice. (Para 29)
Code of Criminal Procedure 1973 - Section 468, 482- 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 delay will assume importance only when the complainant fails to give a plausible explanation and whether the explanation is plausible or not, has to be decided by the Trial Court only after recording the evidence. (Para 37)- There is no period of limitation for offences which are punishable with imprisonment of more than three years. (Para 40)
Criminal Investigation - Cross FIRs - In cases involving cross-FIRs, it would be prudent and fair if the investigation was carried out in a comprehensive manner. After all, the object of the investigation is the discovery of truth. (Para 45)
To those desperately searching for a recent Supreme Court judgment which did NOT quash a criminal case citing civil remedy availability: https://t.co/QNKO7EGlwe pic.twitter.com/1CvoyFAZ8J
— CiteCase 🇮🇳 (@CiteCase) April 29, 2025
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.
— CiteCase 🇮🇳 (@CiteCase) April 29, 2025
- Supreme Court https://t.co/QNKO7EGlwe pic.twitter.com/fkAFEAr0qE