JIT VINAYAK AROLKAR versus STATE OF GOA & ORS.

Citation: [2025] 1 S.C.R. 230 · Decided: 05-01-2025 · Supreme Court of India · Bench: ABHAY S. OKA · Disposal: Appeal(s) allowed
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Judgment (excerpt)

[2025] 1 S.C.R. 230 : 2025 INSC 31
Jit Vinayak Arolkar 
v. 
State of Goa & Ors.
(Criminal Appeal No. 393 of 2024)
06 January 2025
[Abhay S. Oka* and Ujjal Bhuyan, JJ.]
Issue for Consideration
By the impugned judgment, the High Court has dismissed a writ 
petition filed by the appellant for quashing a First Information 
Report registered at the instance of the 4th respondent for the 
offence punishable under Section 420 of the Penal Code, 1860. 
Headnotes†
Penal Code, 1860 – s.420 – On 16.10.2018, the 4th respondent 
filed twelve separate civil suits, claiming a declaration of his 
ownership in respect of the subject property – On 23.10.2020, 
the 4th respondent, through his constituted attorney, filed a 
complaint with the Police, alleging that the appellant had sold 
a portion of the subject property without the consent of all the 
legal heirs of both co-owners – Based on the said complaint, 
the impugned FIR was registered by the police – Appellant 
sought quashing of FIR:
Held: Appellant stated that the appellant is the constituted 
attorney of VN and SN, the vendors under the sale deeds subject 
matter of the impugned FIR – It is pertinent to note that the 
constituted attorney of the 4th respondent has omitted to mention 
in the complaint that two years before the filing of the complaint, 
declaratory suits were filed by the 4th respondent, which were 
pending – Interestingly, two years after the registration of the FIR, 
on 13.10.2022, the 4th respondent filed a supplementary complaint 
with the police alleging that even the said VN and SN had also 
committed an offence – The grievance of the 4th respondent is that 
the vendors under the sale deeds had only an undivided share 
in the subject property, and they could not have sold the entire 
subject property under the sale deeds – The contention of the 
* Author
[2025] 1 S.C.R. 
231
Jit Vinayak Arolkar v. State of Goa & Ors.
appellant is that what is sold is the right, title and interest of VN 
and SN – Thus, the dispute between the parties is predominantly 
a civil dispute – In the instant case, it is impossible to understand 
how the appellant deceived the 4th respondent and how the act 
of execution of sale deeds by the appellant caused or was likely 
to cause damage or harm to the 4th respondent in body, mind, 
reputation or property – The appellant has not purported to 
execute the sale deeds on behalf of the 4th respondent – He has 
not purported to transfer the rights of the 4th respondent – There 
is no allegation that the appellant deceived the 4th respondent to 
transfer or deliver the subject property – Taking the complaint as 
correct, the offence of cheating under Section 415 of IPC was 
not made out against the appellant – Moreover, the complaint 
was filed by the 4th respondent for the first time after a time gap 
of two years from the date of institution of the civil suits – In the 
complaint, he suppressed the fact that civil suits were already filed 
in which applications for temporary injunction were made – When 
there was a dispute over the title, the act of the 4th respondent of 
setting in motion criminal law two years after the date of filing of 
the suits amounts to nothing but abuse of the process of law – 
Thus, the impugned judgment is set aside – Also, the FIR and the  
proceedings based thereon are quashed and set aside only as 
against the appellant. [Paras 9, 10, 12.1, 13, 14]
Case Law Cited
Mohd. Ibrahim v. State of Bihar [2009] 13 SCR 1254 : (2009) 8 
SCC 751 – relied on.
Vijayasarathy and Anr. v. Sudha Seetharam and Anr. [2019] 2 
SCR 185 : (2019) 16 SCC 739; M/s Neeharika Infrastructure Pvt. 
Ltd. v. State of Maharashtra and Ors. [2021] 4 SCR 1044 : (2021) 
19 SCC 401; Amit Kapoor v. Ramesh Chander and Anr. [2012] 7 
SCR 988 : (2012) 9 SCC 460 – referred to.
List of Acts
Penal Code, 1860.
List of Keywords
Section 415 of IPC; Section 420 of IPC; Purchasers; Sale deeds; 
False representation; Ownership; Transfer of rights; Offence of 
cheating.
232
[2025] 1 S.C.R.
Digital Supreme Court Reports
Case Arising From
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 393 
of 2024
From the Judgment and Order dated 01.03.2023 of the High court 
of Judicature at Bombay at Goa in CRLWP No. 55 of 2022
Appearances for Parties
Huzefa Ahmadi, Sr. Adv., Ninad Laud, Abhijit Gosavi, Sunil Shetye, 
Athnain Naik, Dcosta Ivo Manuel Simon, Advs. for the Appellant.
Devadatt Kamat, Sr. Adv., Abhay Anil Anturkar, Dhruv Tank, 
Aniruddha Awalgaonkar,
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