SC Quashes False FIR Against Army Officer’s Widow, Fines Builder’s Agent Rs 10 Lakh
The Supreme Court on July 18 quashed an FIR lodged against the wife and daughter of a deceased Army Major General in what it called a “totally false and concocted case” initiated by an influential builder’s agent in Telangana.
A bench of Justices Vikram Nath and Sandeep Mehta also imposed Rs 10 lakh as exemplary cost on the complainant for dragging 70-year-old Mala Choudhary and her daughter into criminal proceedings over a land deal that fell through. Court said the builder's agent weaponised police machinery to harass the women, even leading to Mala Choudhary's eight-day custodial detention.
“We are convinced that this is a classic case of the complainant, who seems to be wielding some clout in the State of Telangana, misusing the process of police investigation... in a totally false and frivolous prosecution,” the court noted.
The dispute related to a 500-square-yard plot in Ranga Reddy district, owned by Mala Choudhary, widow of Late Major General PSK Choudhary. After her husband’s death, she allegedly entered into an oral sale agreement in October 2020 with the complainant, who claimed to represent Sandhya Constructions and Estates Pvt Ltd. An amount of Rs. 4.05 crore was transferred to her account, but further negotiations broke down.
The complainant filed a criminal case in December 2020, alleging non-registration of the plot and a farmhouse in Delhi, claiming additional cash payment of Rs. 75 lakh. However, the appellants argued that no such cash payment was made, and that the FIR was a pressure tactic in what was essentially a civil dispute.
Their counsel, Advocate Vanshaja Shukla, told the court that the complainant had already moved a civil court for specific performance of the sale agreement and that the FIR, based on contradictory claims, was a clear attempt to coerce and harass. She also pointed out that the FIR covered properties not mentioned in the civil suit.
Rejecting the complainant’s arguments that the appellants acted dishonestly and induced the transaction without intention to honour it, the top court said the facts did not even disclose the ingredients of a cognizable offence. “Rather, the complainant should have been instructed to avail the appropriate remedy by approaching the civil court,” the bench observed.
Court also came down heavily on the Telangana High Court for summarily dismissing the plea to quash the FIR without examining the merits. Calling the order "laconic and perfunctory", the court said the high court took a “pedantic” approach and failed to provide justice.
“In gross disregard to all tenets of law, the FIR came to be registered for allegations which had no elements of any offence whatsoever,” the Supreme Court held, while invoking its extraordinary powers under Article 136 to prevent further “harassment and humiliation” of the appellants.
The bench also directed that police protection be extended to the appellants whenever they visit Telangana for property-related matters, upon prior intimation to the local police.
Case Title: Mala Choudhary & Anr. vs State of Telangana & Anr.
Judgment Date: July 18, 2025
Bench: Justices Vikram Nath and Sandeep Mehta