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2025 Supreme(Online)(Chh) 7453
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Ramesh Sinha, CJ, Bibhu Datta Guru, J
Rameshwar Jaiswal – Appellant
Versus
The State Of Chhattisgarh – Respondent
WPCR No. 258 of 2024 | WPCR No. 402 of 2024
For the Appellants/Petitioners: Shri Shivang Dubey
For the Respondents: Shri S.S. Baghel
Civil disputes cannot be converted into criminal proceedings without sufficient basis; courts must prevent misuse of criminal law in civil matters.
Headnote:(A) Indian Penal Code - Sections 451, 294, 506, and 34 - Allegations of abuses and threats amidst a civil property dispute leading to FIR registration - Court finding the complaint as an abuse of process converting a civil dispute into a criminal one without necessary ingredients for alleged offenses. (Para 12)
(B) Criminal Procedure - Need for caution by Magistrates in discerning between civil and criminal wrongs; prevention of vexatious criminal proceedings against civil disputes emphasized - Supreme Court observations on the issue noted. (Paras 10, 11)
Facts of the case:
Petitioners sought to quash an FIR registered for offenses under IPC sections. The complainant alleged abuse and threats amidst a property dispute.
Findings of Court:
FIR and related criminal proceedings quashed as the allegations did not amount to criminal conduct.
Issues: Whether the registration of FIR was justified given the civil nature of the dispute.
Ratio Decidendi: The court emphasized that civil disputes should not be converted into criminal proceedings without substantive allegations, aiming to discourage vexatious claims.
Result: Both petitions allowed.
| Table of Content |
|---|
| 1. hearing of petitions with similar grounds. (Para 2) |
| 2. arguments about the civil nature of the dispute. (Para 4 , 8 , 9) |
| 3. overview of allegations prompting fir registration. (Para 5 , 6) |
| 4. court caution against misuse of criminal law. (Para 10 , 11) |
| 5. legal conclusions leading to the quashing of fir. (Para 12 , 13) |
Per Ramesh Sinha , Chief Justice
01.07.2025
1. Heard Mr. Shivang Dubey, learned counsel for the petitioners.
Also heard Mr. S.S. Baghel, learned Dy. Govt. Advocate for the State/respondents.
2. Since both the petitions arising out of same crime number and also involve similar facts and grounds they are being considered and decided by this common order.
3. The WPCR No. 258/2024 has been filed for following reliefs:-
10. 1. That, this Hon'ble Court be kindly be pleased to issue a writ/order/direction to quash/set-aside quash impugned FIR No. 0200 of 2024 dated 08.03.2024 registered before Police Station Sirgitti, District-Bilaspur, Chhattisgarh for allegedly committing offence under section 451, 294, 506 and 34 of Indian Penal Code.
10. 2. That, this Hon'ble Court be kindly be pleased to issue a writ/order/direction to quash/set-aside quash impugned chargesheet dated 22.06.2024 for allegedly committing offence under section 451,294, 506 and 34 of Indian Penal Code.
10.3 That, this Hon'ble Court be kindly be pleased to issue a writ/order/direction to grant compensation to the present petitioners for the mental harassment and loss of reputation.
10.4 Any other relief as deemed fit by this Hon'ble Court including award the cost of the petition.
4. The WPCR No. 402/2024 has been filed for following reliefs:-
10. 1. That, this Hon'ble Court be kindly be pleased to issue a writ/order/direction to quash/set-aside quash impugned FIR No. 0200 of 2024 dated 08.03.2024 registered before Police Station Sirgitti, District-
Bilaspur, Chhattisgarh for allegedly committing offence under section 451, 294, 506 and 34 of Indian Penal Code.
10. 2. That, this Hon'ble Court be kindly be pleased to issue a writ/order/direction to quash/set-aside quash impugned chargesheet dated 22.06.2024 for allegedly committing offence under section 451,294, 506 and 34 of Indian Penal Code.
10.3 That, this Hon’ble Court be kindly be pleased to issue a writ/order/direction to quash/set-aside impugned criminal proceedings in Criminal Case No. 3384/2024 pending before the Judicial Magistrate First Class, Bilaspur.
10.4That, this Hon'ble Court be kindly be pleased to issue a writ/order/direction to grant compensation to the present petitioners for the mental harassment and loss of reputation.
10.5 Any other relief as deemed fit by this Hon'ble Court including award the cost of the petition.
5. Prosecution story in a nutshell is that on 27.02.2024 at 07:00 PM, complainant (respondent No.4 in both petitions) was present at his residence and at that time Pratima Thawait, along with two others came to his home. He stated in his complaint that Pratima Thawait verbally abused him and questioned his right to object to the sale of property. When he informed Pratima Thawait that her power of attorney appeared invalid and the sale involved potential misrepresentation, she started hurling abuses at him. Pratima Thawait and the accompanying individuals resorted to obscene language and threatened to kill him. He further states that again on 7.03.2024, at around 6:20 PM, while he was under the Tifra flyover, two unidentified individuals approached him and stated that they were sent by one person named "Bengali Dada" and alerted him of dire consequences if he does not withdraw his objection before revenue office. This incident caused significant fear in the mind of Complainant and he is living under constant fear of being assaulted by goons of Pratima Thawait.
Subsequently, FIR was lodged by respondent No. 4.
6. Learned counsel for the petitioner submits that registration of FIR is nothing but an abuse of the process of law, wherein a purely civil dispute has been given a cr
