LexMALA CHOUDHARY & ANR. versus STATE OF TELANGANA & ANR.
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[2025] 7 S.C.R. 1208 : 2025 INSC 870 Mala Choudhary & Anr. v. State of Telangana & Anr. (Criminal Appeal No. 3052 of 2025) 18 July 2025 [Vikram Nath and Sandeep Mehta,* JJ.] Issue for Consideration Issue arose as to correctness of the order passed by the High Court dismissing the petition filed by the appellants, seeking quashing of FIR. Headnotes† Code of Criminal Procedure, 1973 – s.482 – Quashing of FIR – Complainant alleged non-execution of a registered sale deed in terms of an oral agreement to sell against the appellants – FIR lodged as also suit for specific performance filed – Arrest of the appellants and subsequently released on bail – Appellants filed for quashing of FIR – High Court dismissed the petition without addressing the merits – Correctness: Held: Complainant misused the process of police investigation so as to entangle the appellants in a totally false and frivolous prosecution – There is a drastic variance in the complainant’s allegations qua the oral agreement as narrated in the FIR vis-a-vis as set out in the plaint – Complainant manipulated and distorted the facts and used its influence for getting the FIR registered against the appellants – On a bare reading of the FIR, it is clear that a plain and simple dispute has been given the cloak of a criminal case by misusing the criminal machinery – Not only this, appellant no.1 being a 70 years’ old lady and wife of retired Army officer was arrested in connection with this false and frivolous FIR and had to remain in the custody for almost eight days – No justification for registering the FIR – In gross disregard to all tenets of law, the impugned FIR came to be registered for allegations which had no elements of any offence whatsoever what to talk of a cognizable offence – High Court acted with absolute pedantic approach, while * Author [2025] 7 S.C.R. 1209 Mala Choudhary & Anr. v. State of Telangana & Anr. disposing of the quashing petition filed by the appellants in the cryptic manner, without even touching the merits of the case – Appellants made fair offer to return the amount transferred to them by the complainant through valid banking transactions, however, the complainant refused for the same – Art.136 jurisdiction exercised – Impugned order and FIR quashed and set aside – Police protection to be provided to appellants whenever they go to Hyderabad for management of the properties – Complainant penalized with the exemplary cost for misusing the process of criminal law in a case of purely civil nature – Penal Code, 1860 – ss.406, 420 – Constitution of India – Art.136. [Paras 9-22] Case Law Cited Rikhab Birani v. The State of Uttar Pradesh, 2025 SCC OnLine SC 823; Paramjeet Batra v. State of Uttarakhand and Ors. (2013) 11 SCC 673; Sachin Garg v. State of State of UP and Anr. [2024] 1 SCR 1134 : 2024 SCC OnLine SC 82; A.M. Mohan v. The State represented by SHO and Anr. [2024] 3 SCR 722; Lalit Chaturvedi & Ors. v. State of Uttar Pradesh and Anr., 2024 SCC OnLine SC 171 – referred to. List of Acts Code of Criminal Procedure, 1973; Penal Code, 1860; Constitution of India. List of Keywords Quashing of FIR; Oral agreement to sell; Registration of sale deed; Misuse of police investigation; Manipulated and distorted facts; Used influence to get FIR registered; Cloak of criminal case; Misuse of criminal machinery; False and frivolous FIR; Police protection; Exemplary cost; Case of purely civil nature; Arrest; Kept in custody; Pedantic approach; Cryptic manner. Case Arising From CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 3052 of 2025 From the Judgment and Order dated 28.04.2023 of the High Court for The State of Telangana at Hyderabad in CRLP No. 7869 of 2021 1210 [2025] 7 S.C.R. Supreme Court Reports Appearances for Parties Advs. for the Appellants: Ms. Vanshaja Shukla, Ms. Divya Jyoti Singh, Vineet Nagar. Advs. for the Respondents: Ms. Devina Sehgal, Yatharth Kansal, Tadimalla Bhaskar Gowtham, Ms. Ekta Swarup, Abishek.s, Sandeep Singh. Judgment / Order of the Supreme Court Judgment Mehta, J. 1. Heard. 2. Leave granted. 3. The appellants herein have approached this Court by way of the instant appeal, under Article 136 of the Constitution of India, for assailing the final order dated 28th April, 2023 passed by the High Court of Telangana at Hyderabad1 in Criminal Petition No. 7869 of 2021 whereby the High Court dismissed the petition filed by the appellants, seeking quashing of t
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