The court determined that accusations against the petitioners were not supported by adequate evidence, leading to the quashing of the FIR and associated criminal proceedings.

Per Ramesh Sinha, Chief Justice

10/07/2025

1. The instant CRMP has been filed by the petitioners seeking following prayer:-

“It is therefore prayed that his Hon’ble Court may be pleased to allow the application by making an order to quash the Crime No.478/2022 dated 09.12.2022 & quash the final report dated 08.03.2023 and also quash the entire criminal proceeding before the Judicial Magistrate First Class, Bilaspur District: Bilaspur C.G. as Criminal Case No.1940/2023 and discharge from the case to the applicants.”

2. Facts of the case, in brief, is that one Khushboo Sharma, who was posted as Clerk/Computer Operator in Zila Sahakari Kendriya Bank Maryadit, Branch Mandi Chowk, Bilaspur has misappropriated Rs. 80 Lacs from the Bank and the Branch Manager of the said Bank namely Hitesh Saluja lodged a written complaint on 09.12.2022 before the Police Station City Kotwali Bilaspur and on the basis of the written complaint made by the said Branch Manager, the FIR was registered against the accused persons and the main culprit namely Khushboo Sharma was arrested by the Police and in her memorandum statement, she has stated that the present petitioners, who are her father in law and mother in law, had insisted her to commit such offence. On the basis of the same, the offence was registered against the accused persons and the matter was taken into investigation and after due completion of the investigation, the final report/Challan has been filed by the Police against the accused persons before the concerned Jurisdictional Court below.

3. Learned counsel for the petitioners would submit that only on the basis of memorandum statement of main accused Khushboo Sharma (daugther-in-law of the petitioners), the present petitioners have been implicated in the present case. He submits that the prosecution has not collected any single evidence against the petitioners, which shows that they instigated the main accused Khushboo Sharma, to commit such offence. Misappropriation of the alleged amount has not been done by the petitioners and even the said amount has not been deposited in their account. He further submits that the names of the petitioners have not been disclosed by other co-accused persons, except the main accused Khushboo Sharma, who is the daughter-in-law of the petitioners. Apart from that, son of the petitioners (husband of Khushboo Sharma), who is also a co-accused in the present case is absconding. Hence, the petition filed by the petitioners, who are old aged persons, may be allowed.

4. On the other hand, learned State counsel as well as counsel for the respondent No.2/complainant oppose the argument and submits that the petitioners are involved in the misappropriation of alleged amount and on the basis of memorandum of main Khushboo Sharma, they have been rightly implicated in the case, hence, the petition filed by the petitioners is liable to be dismissed.

5. We have heard learned counsel for the parties and perused the documents.

6. From perusal of the pleadings and documents, it is quite vivid that petitioners are father-in-law and mother-in-law of main accused Khushboo Sharma, who was posted as Clerk cum Computer Operator in Jila Sahkari Kendriya Maryadit Bank and during her tenure, she along with other co-accused persons, misappropriated the alleged amount from the bank. Moreover, the husband of the main accused Khushboo Sharma, who is also co-accused in the present crime, is absconding. Only on the basis of memorandum statement of main accused Khusboo Sharma that the present petitioners who are father-in-law and mother-in-law have instigated her to commit the alleged crime, the petitioners have been implicated in the present case. Except this allegation, there is no