Supreme Court Quashes FIR in Landmark Judgment, Cites "Fabricated and Improbable" Allegations

In a significant ruling, the Supreme Court of India has quashed an FIR in a case involving allegations of fraud, illegal mining, and exploitation, after deeming the accusations "fabricated and improbable." The bench, comprising Justice B.R. Gavai and Justice J.B. Pardiwala, delivered the judgment on August 8, 2023.

The case, arising from FIR No. 127 of 2022 registered at Mirzapur Police Station, Saharanpur, Uttar Pradesh, raised issues of abuse of process and personal vengeance. The appellants, Mahmood Ali & Ors., had approached the High Court seeking the quashing of the FIR, which the High Court had declined.

In its ruling, the Supreme Court invoked the principles established in the famous case of State of Haryana v. Bhajan Lal (1992) to assess whether the FIR could be quashed. The court emphasized that while considering quashing, it was not limited to the contents of the FIR alone but also took into account the surrounding circumstances and materials collected during the investigation.

The court noted that the allegations presented in the FIR were not only "absurd but also highly improbable." The FIR had been lodged after a considerable delay of 14 years from the alleged incidents. The bench pointed out that "none of the ingredients to constitute the offense as alleged are disclosed." Additionally, the court recognized the possibility of the FIR being a result of personal vendetta, given the timing of its registration.

Referring to the changing political scenario in the state of Uttar Pradesh and the appellants' criminal history, the court opined that there was a motive for an increase in criminal complaints. It observed that the FIR appeared to be a part of a pattern of multiple cases being registered against the appellants.

Supreme Court concluded that the FIR failed to disclose the essential elements necessary to constitute the alleged offenses. It found the allegations to be concocted and quashed the criminal proceedings arising from the FIR, stating that the case fell under parameters laid down in the Bhajan Lal case.

Date of Decision: August 8, 2023 

MAHMOOD ALI & ORS. vs STATE OF U.P. & ORS.