Delay Cannot Be Reason To Quash FIRs For Offences Punishable With More Than 3 Years Imprisonment : Supreme Court

The Supreme Court clarified that a delay in registration of an FIR for offences punishable for more than three years is not a ground to quash the FIR if the same discloses the commission of a cognizable offence.

The bench comprising Justices Dipankar Datta and Manmohan was hearing the case where FIR was registered against the Respondent Nos 2 and 3 under Sections 467,468,471,420, and 120B of the Indian Penal Code (“IPC”). These provisions prescribe a punishment of more than three years. The High Court quashed the FIR against the Respondents, citing, among other things, a delay of 16 years in filing an FIR.

Setting aside the High Court's decision, the judgment authored by Justice Manmohan observed that the High Court erred in interdicting a criminal investigation merely because there was a delay in FIR 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.

Since the punishment prescribed under the provisions was more than three years, the Court, applying Section 468 CrPC, noted that the limitation period does not apply to offences punishable with imprisonment of more than three years.

Because the cause of action arose only in December 2021 when the appellant discovered the fraudulent sale deed and prior mortgages, the Court found that the complaint was filed promptly (within 15 days) after discovering the fraud, satisfying Section 469 CrPC.

“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.

Also From Judgment : In Cases Of Cross-FIRs, Unfair To Quash One FIR While Probing The Other; Both Be Investigated Together : Supreme Court

Mere Institution Of Civil Proceedings Not A Ground To Quash FIR : Supreme Court

Case Title: PUNIT BERIWALA VERSUS THE STATE OF NCT OF DELHI AND ORS.

Citation : 2025 LiveLaw (SC) 504

Click here to read/download the judgment