Breaking Supreme Court Legal Update
New Delhi · Friday, 31 July 2026 9888666310 | [email protected]
Free Law — free judgments and free headnotes Free Lawby De Jure
Supreme Court of India 2023-05-10 allowed

SRI GULAM MUSTAFA vs THE STATE OF KARNATAKA & ANR

Bench: 2 — Dinesh Maheshwari, Ahsanuddin Amanullah

In Brief

The Managing Director of a real estate company filed an appeal against a High Court order rejecting his petition to quash a criminal FIR filed under the SC/ST Act and IPC sections relating to a property development dispute. The property had been purchased by original owners in 1954-55 with occupancy rights established in 1961. After entering into a joint development agreement in 2009 and obtaining all requisite permissions, the company completed a 400+ unit apartment complex and sold units in 2017. An unsuccessful claimant then filed civil suits and, after losing them, lodged the FIR through his mother. The Supreme Court found an unexplained 60-year delay in claiming ownership, followed by resort to criminal proceedings only after civil suits failed. Holding this constituted abuse of process motivated by vengeance, the Court quashed the FIR, emphasizing that police must be vigilant before mechanically invoking stringent statutes like the SC/ST Act.

The lawyer headnote and full judgment text are available to registered users.

Criminal Procedure Abuse of Process Section 482 CrPC Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Property Disputes Malafide Proceedings Quashing of FIR

Read the full judgment & headnote. It's free.

Register to read the complete Supreme Court judgment text and the headnote, and to search 1 lakh+ Supreme Court judgments by meaning. It is a free service.

Register Free Login