PUNIT BERIWALA vs THE STATE OF NCT OF DELHI AND ORS., 2025
The case clarifies that delay in FIR registration is not a ground to quash proceedings for cognizable offences punishable with more than three years, especially when the offence is discovered later.
Judgement Details
Court
Supreme Court of India
Date of Decision
30 April 2025
Judges
Justice Dipankar Datta ⦁ Justice Manmohan
Citation
Acts / Provisions
Facts of the Case
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An FIR was lodged in January 2022 against the Respondents (Nos. 2 and 3) for forgery, fraud, and conspiracy, after the Appellant discovered a fraudulent sale deed and mortgages registered in December 2021.
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The offences alleged were under IPC Sections 467, 468, 471, 420, and 120B, all punishable by more than three years' imprisonment.
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The Delhi High Court quashed the FIR, citing a 16-year delay in its registration.
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The Appellant challenged the High Court’s order before the Supreme Court.
Issues
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Whether a delay in registration of FIR can be a ground to quash the FIR for offences punishable with imprisonment of more than three years?
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Whether Section 468 CrPC bars cognizance of such offences in the presence of delay?
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When does the limitation period start in cases involving fraud?
Judgement
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The Supreme Court set aside the High Court's order, holding that delay alone cannot justify quashing an FIR if it discloses a cognizable offence.
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It clarified that Section 468 CrPC does not apply to offences punishable with more than three years' imprisonment.
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As the Appellant discovered the fraud only on 28th December 2021, the FIR filed on 12th January 2022 was well within time under Section 469 CrPC, which states that limitation begins from the date of knowledge of the offence.
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The appeal was accordingly allowed, and the FIR was restored.
Held
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The Delay in FIR registration for offences punishable by more than three years is not a valid ground for quashing the FIR.
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The Section 468 CrPC has no application to such offences.
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The Limitation begins from the date of discovery of the offence under Section 469 CrPC, especially in cases involving fraud.
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The FIR disclosing a cognizable offence must be allowed to be investigated, and procedural delay should not override substantive justice.
Analysis
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The ruling reinforces the principle that delay is not fatal to a criminal case when the offence alleged is serious and punishable with more than three years of imprisonment.
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It also affirms that fraud vitiates everything, and knowledge of the offence is critical to determine the starting point of limitation.
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The judgment aligns with previous precedents and ensures that delayed but valid complaints are not dismissed without investigation, particularly in white-collar crime and property fraud cases.
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This decision sends a clear message to High Courts that FIRs involving cognizable and serious offences must not be quashed on procedural grounds alone.