DELAY NO GROUND TO QUASH FIR IN SERIOUS OFFENCES: SUPREME COURT:

DELAY NO GROUND TO QUASH FIR IN SERIOUS OFFENCES: SUPREME COURT:

The Supreme Court has clarified that a delay in the registration of a First Information Report (FIR) for offences punishable with imprisonment exceeding three years does not constitute valid grounds for quashing the FIR, provided it discloses the commission of a cognizable offence.

A bench comprising Justices Dipankar Datta and Manmohan made this observation while adjudicating a matter involving Respondent Nos. 2 and 3, against whom an FIR had been filed under Sections 467, 468, 471, 420, and 120B of the Indian Penal Code (IPC). These sections pertain to serious offences, each carrying a punishment of more than three years of imprisonment. The High Court had previously quashed the FIR, citing, among other reasons, a delay of 16 years in its registration. However, setting aside the High Court’s ruling, Justice Manmohan, writing the judgment, held that the High Court had erred in halting a criminal investigation solely on the basis of delay in the FIR's registration.

“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 court said.

Given that the offences in question are punishable with imprisonment exceeding three years, the Supreme Court applied the provisions of Section 468 of the Code of Criminal Procedure (CrPC) and observed that the limitation period prescribed for taking cognizance of offences does not extend to those punishable with more than three years of imprisonment. Therefore, the bar of limitation was held to be inapplicable in this case.

Furthermore, the Court emphasized that the cause of action for initiating legal proceedings arose only in December 2021, when the appellant became aware of the fraudulent sale deed and previously executed mortgages. In light of this discovery, the complaint was filed within a period of 15 days—promptly and without undue delay. This, the Court held, fulfilled the requirements laid down under Section 469 of the CrPC, which pertains to the commencement of the limitation period from the date of knowledge of the offence in cases involving fraud or concealment. Accordingly, the Court found no infirmity in the timing of the FIR’s registration.

“The Appellant had, admittedly, filed the complaint before the Economic Offences Wing on 12th January 2022. Section 469 Cr.P.C. provides that the period of limitation commences from the date on which the offence comes to the knowledge of the person aggrieved. In the present case, as noted above, the Appellant became aware of the offence only on 28th December 2021. Consequently, prima facie there is no delay in filing the criminal proceedings.”, the Court said. Accordingly, the appeal was allowed.