Quashing a criminal case against a 70-year-old widow of a retired Army Major General, and her 50-year-old daughter, the Supreme Court criticised the “absolute pedantic approach” of the Telangana High Court in disposing of a quashing petition in “a cryptic manner” without addressing the merits of the matter.
The SC also rapped the Telangana Police, stating that there was “no justification” for registering the “frivolous” First Information Report (FIR) and that it should have directed the complainant to the civil court. The apex court, in its order dated July 18 (Friday), also imposed a cost of Rs 10 lakh on the complainant, P Srujan Sen and M/s Sandhya Constructions and Estates Pvt Ltd.
The case stems from an FIR registered against Mala Choudhury and daughter Puttagunta Revathi Choudhury by one P Srujan Sen of Sandhya Constructions and Estates Pvt Ltd, alleging criminal breach of trust and cheating. He claimed an oral agreement to purchase a 500-square-yard plot in Gachibowli, Telangana, and a farmhouse in New Delhifor a total consideration of Rs 5 crore. He alleged paying Rs 75 lakh in cash and Rs 4.05 crore via RTGS and cheques.
The mother-daughter duo contended that the oral agreement was solely for the Telangana plot, with varying sale prices depending on the payment timeline, starting from Rs 5.75 crore. They asserted that they only received Rs 4.05 crore through banking channels and even offered to return the same if the civil suit against them is withdrawn, but the complainant refused, demanding interest.
During the proceedings, the Supreme Court highlighted the “drastic variance” between the allegations in the FIR and the subsequent civil suit filed, particularly regarding the total consideration and the inclusion of the Delhi farmhouse and an adjoining plot.
Justice Sandeep Mehta, delivering the judgment, highlighted that the complainant not only manipulated and distorted the facts and used influence to get the FIR registered, but also that a 70-year-old was arrested “in connection with this false and frivolous FIR and had to remain in custody for almost eight days.”
The Supreme Court deemed this a “classic case” of misuse of police investigation by an influential complainant. “On a bare reading of the FIR, it is clear that a plain and simple dispute involving non-execution of a registered sale deed in terms of so-called oral agreement to sell has been given the cloak of a criminal case by misusing the criminal machinery,” the order reads.
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Besides quashing the FIR and all related proceedings, the SC directed the Superintendent of Police/Commissioner of Police in Hyderabad/Telangana to provide appropriate security to the petitioners whenever they visit for property management. The imposed cost of Rs 10 lakh is to be transferred to the petitioners’ account within 30 days.
