# In the matter of Aaditya Khaitan @ Aditya Khaitan & Ors. vs. The State of Jharkhand & Ors.

> SC judgment dated 2025-04-28. Citation: TCN-2025-SC-00021. The case involves an appeal against a High Court judgment that refused to quash an FIR registered…

- **Court:** SC
- **Order date:** 28 Apr 2025
- **Citation:** TCN-2025-SC-00021
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/aaditya-khaitan-aditya-khaitan-ors-vs-the-state-of-jharkhand-ors-c99ea84d

## Summary

### Background

The case involves an appeal against a High Court judgment that refused to quash an FIR registered against the appellants, who are officers of a company. The appellants argue that the FIR is a tactic to recover money allegedly owed under a contract, for which arbitration proceedings were initiated but stayed due to insolvency proceedings under the Insolvency and Bankruptcy Code, 2016. A moratorium was ordered by the National Company Law Tribunal, Kolkata Bench. The crux of the allegations is that the first accused-company obtained a contract from the NBCCL, sublet a portion of the work to the second respondent, which faced issues, leading to stalled work and unpaid dues. The complainant alleged suppression of facts regarding a restrictive covenant against subletting

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## Facts

Aaditya Khaitan and others (appellants) are facing an FIR, which they claim is a tactic to recover money under a contract. Arbitration proceedings were initiated but stayed due to insolvency proceedings under the Insolvency and Bankruptcy Code, 2016, with a moratorium ordered by the NCLT. The first accused-company obtained a contract from NBCCL and sublet work to the second respondent, leading to issues and unpaid dues. The complainant alleged suppression of facts regarding a restrictive covenant against subletting without NBCCL's consent. The High Court refused to quash the FIR against the appellants, but quashed the FIR against the DGM of NBCCL. The contract between the first accused and the complainant was resumed on the directions of the High Court, even after the

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## Issues and analysis

### Issue 1: Whether the High Court erred in refusing to quash the FIR registered against the appellants under …

**Ratio:** The power under Section 482, Cr. PC, can be invoked to quash a complaint when the

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**Reasoning:** The Supreme Court found that the High Court failed to properly examine the complaint and

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**Interpretation:** Section 482, Cr. PC, grants the High Court inherent powers to prevent abuse of

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**Application:** The Supreme Court applied the ratio to the facts of the case, finding that the

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## Parties

- **Judges:** K. VINOD CH…; Sudhanshu…
- **Appellants:** Aaditya Khaitan @…
- **Respondents:** McNally Bharat…; The State of…
- **Other parties:** Over Tu…

## Timeline

- **2022-04-29 — NCLT Ord…**: Moratorium ordered by the National Company Law Tribunal, Kolkata Bench in Bank of India…
- **N/A — FIR Regist…**: FIR registered against the appellants, officers of a company, alleging offenses…

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