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2025 Supreme(Online)(Chh) 7454
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Ramesh Sinha, CJ, Bibhu Datta Guru, J
Rameshwar Jaiswal, S.P. Rai – 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, Dy. Govt. Advocate
The court ruled that a civil dispute should not be converted into a criminal case, emphasizing the need for careful judicial scrutiny to prevent misuse of criminal law.
Headnote:(A) Indian Penal Code - Sections 451, 294, 506, and 34 - Quashing of FIR and Chargesheet - Petitioners challenged an FIR and chargesheet alleging civil dispute converted into a criminal matter - Court emphasized the distinction between civil and criminal disputes, not allowing misuse of criminal law in purely civil matters. (Paras 6, 9, 10, 12)
(B) Vexatious Proceedings - The need for caution by Magistrates in examining facts to avoid criminalizing civil disputes, stressing that attempts to exert pressure through criminal prosecutions should be discouraged. (Paras 10, 11)
Facts of the case:
The FIR was based on allegations of verbal abuse and threats during a property dispute. The petitioners argued that the FIR was an abuse of legal process for coercion regarding property matters.
Findings of Court:
The FIR was found to be unjustified as it was based on a civil dispute; the essential criminal ingredients were absent. The Court quashed the FIR and associated charges as being converted from civil matters to criminal ones.
Issues: Whether the FIR constituted a legitimate criminal offense or was merely a civil dispute.
Ratio Decidendi: The court concluded that the FIR was a misuse of criminal law in a primarily civil dispute, and emphasized the need for careful examination by Magistrates to prevent unwarranted criminal proceedings.
Result: Both writ petitions allowed.
| Table of Content |
|---|
| 1. arguments presented by both sides regarding the fir. (Para 2 , 4 , 7) |
| 2. details of the dispute and allegations. (Para 5 , 6) |
| 3. emphasis on distinguishing civil vs. criminal proceedings. (Para 9 , 10 , 11) |
| 4. decision to quash the fir due to civil nature of dispute. (Para 12) |
| 5. final decision allowing the writ petitions. (Para 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 dispu
