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2026 Supreme(Online)(Chh) 9459

HIGH COURT OF CHHATTISGARH AT BILASPUR

2026:CGHC:16071

NAFR

CRMP No. 330 of 2024

1 - Shashi Bhushan (S.B. Pandey) Advocate, S/o Shri R.S. Pandey,
Aged About 47 Years, R/o Jorapara, New Sarkanda, P.S. Sarkanda,
Tahsil and District : Bilaspur, Chhattisgarh
2 - Dr. Vishwakant Nirmalkar S/o Shri Makhanlal, Occupation Doctor,
Aged About 40 Years, R/o Kanhaiya City, Qtr. No. B-36, Bandhwapara,
Police Station Sarkanda, Tahsil and District : Bilaspur, Chhattisgarh
... Petitioners
versus
1 - State of Chhattisgarh Through The Superintendent of Police,
District : Bilaspur, Chhattisgarh
2 - The Station House Officer, Through The Superintendent of Police,
District : Bilaspur, Chhattisgarh
3 - Laxminarayan Kesar S/o Sukhru Kesar, Aged About 49 Years, R/o
Awaspara, Nagoi, Police Station Sarkanda, Tahsil and District : Bilaspur,
Chhattisgarh
... Respondents

(Cause-title taken from Case Information System)

For Petitioners : Mr. S.B. Pandey, Advocate.
For State : Mr. Shailendra Sharma, Panel Lawyer.
For Respondent No.3 : Mr., Ramsajiwan, Advocate.

Hon'ble Shri Ramesh Sinha, Chief Justice
Hon’ble Shri Ravindra Kumar Agrawal, Judge

Advocates:
For the Appellants/Petitioners: S.B. Pandey
For the Respondents: Shailendra Sharma, Ramsajiwan

The High Court may exercise its inherent power under Section 482 Cr.P.C. to quash criminal proceedings if the FIR is shown to be mala fide, motivated by personal vendetta, or inherently improbable, thereby preventing the abuse of the court's process.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 482 - Indian Penal Code, 1860 - Sections 294, 506, 325, 34 - Quashing of FIR - Inherent powers of High Court - Criminal proceedings should be quashed where allegations are mala fide and intended to settle personal scores - Dispute between parties personal in nature - Absence of prima facie case - Abuse of process of law.

Facts of the case:
The petitioners sought the quashing of an FIR registered against them for offences under the IPC. It was contended that the complainant, having been previously involved in litigation against one of the petitioners, lodged the complaint with mala fide intent as a retaliatory measure. There were inconsistencies in the prosecution's narrative, and the incident was reported with a delay that remained unexplained.

Findings of Court:
The court observed that the dispute appeared to be personal in nature. Given the prior litigation between the parties and the existence of multiple other cases against the complainant, the court concluded that the current criminal proceedings were likely initiated with malicious intent to harass the petitioners. Keeping in line with established precedents, the court found that continuing such proceedings would constitute an abuse of the process of law.

Issues: - Whether the FIR and subsequent proceedings against the petitioners constituted an abuse of the process of law requiring interference under Section 482 of the Cr.P.C. - Whether the allegations were motivated by malice and personal vendetta.

Ratio Decidendi: Where criminal proceedings are manifestly attended by mala fide intentions and the allegations are inherently improbable or aimed at wreaking vengeance due to a personal grudge, the High Court is empowered under Section 482 of the Cr.P.C. to quash such proceedings to prevent the abuse of the process of law and to secure the ends of justice.

Result: Petition allowed.

Order on Board

Per Ramesh Sinha, Chief Justice

08-04-2026

1. The petitioners have filed the present petition under Section 482 of the CrP.C. for quashing of FIR of Crime No.672/2022 registered at Police Station Sarkanda, District Bilaspur for the offence under Section 294, 506, 325, 34 of the IPC and prayed for following relief(s):-

“It is therefore prayed that, the Hon’ble Court may kindly be pleased to aloe this petition and quash the F.I.R. No. 672/2022 dated 13/06/2022 registered against the petitioners for the offence U/s. 294, 506, 325, 34 of I.P.C. by the Police Station Sarkanda District Bilaspur (C.G.), in the interest of Justice.”

2. The subject matter in brief is that on 11-06-2022 at about 07:30 p.m. when complainant Laxminarayan Kesar was returning to his house along with his friends, at Jorapara he met with the present petitioners/accused persons and there was altercation took place between them on account of earlier money transaction between them. It is alleged that the petitioners/accused persons assaulted the complainant by hands and fists by which his one tooth was broken. His friends intervened in the altercation. On the report lodged by the complainant the FIR of Crime No.672/2022 was registered at Police Station Sarkanda, District Bilaspur for the offence under Section 294, 506, 325, 34 of I.P.C. against the petitioners. After due process of investigation charge sheet has also been filed before the learned Chief Judicial Magistrate Bilaspur for the offence under Section 294, 506, 325, 34 of the IPC.

3. Learned counsel for the petitioners would submit that earlier on 29-06-2021 the present complainant Laxminarayan Kesar committed marpeet with him for which he lodged a report against him and FIR of Crime No.752/2021 was registered at Police Station Sarkanda for the offence under Section 294, 323 and 506 of the IPC in which charge sheet has been filed against him. In that report, lodged by the present petitioner No.1 against complainant Laxminarayan Kesar the petitioner No.2 Dr. Vishwakant Nirmalkar was the witness. He pressurized him to compromise in the case and when the petitioners refused to compromise the case, he lodged the report against the petitioners. He would further submit that in the present matter the incident is alleged to be occurred on 11-06-2022, whereas, the report was lodged after about two days, i.e., on 13-06-2022 and there is no explanation for delay. He would also submit that the complainant is having criminal antecedents and involved in other cases also with respect to Crime No.1259/2022 registered at Police Station Sarkanda for the offence under Section 294, 323, 506, 34 of the IPC and the offence of Crime No.239/2022 registered at Police Station Sarkanda, Bilaspur for the offence under Section 294, 323, 506, 34 of the IPC. The petitioner No.1 had made a complaint on 30-12-2022 to the higher police authorities for proper investigation into the matter. The petitioners’ complaint has not been properly investigated and they have been made accused in the case. The petitioner No.1 is a practicing Advocate having 25 years of length of active practice. He is a law abiding citizen and has not involved in any act of marpeet with the complainant. The complainant only to settle personal score lodged the report against the petitioners. Therefore, the impugned FIR and the entire consequential criminal proceedings may be quashed.

4. On the other hand, learned counsel appearing for respondent/State would submit that on the report made by the complainant FIR has been registered and after investigation charge sheet has been filed.

5. Learned counsel for respondent No.3/complainant would also submit that on the date of incident the petitioners/accused persons assaulted him by hands and fists by which his one tooth was broken. On his report the FIR has been registered and in the MLC report injuries have been found on his body. The incident is witnessed by eye-witnesses Sewaram Surya

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2026 Supreme(Online)(Chh) 9459

The High Court may exercise its inherent power under Section 482 Cr.P.C. to quash criminal proceedings if the FIR is shown to be mala fide, motivated by personal vendetta, or inherently improbable, thereby preventing the abuse of the court's process.

Cases Referred (2)