DEEPAK KUMAR SHRIVAS & ANR versus STATE OF CHHATTISGARH & ORS.

DEEPAK KUMAR SHRIVAS & ANR versus STATE OF CHHATTISGARH & ORS.

The appeal is allowed and the proceedings arising out of FIR No.248 of 2022 are quashed because a prior enquiry recorded counter-allegations including that respondent no.6 had paid Rs.4 lakhs, respondent no.6 was aware of the earlier complaint yet lodged the FIR after an unexplained delay of about three years, and the material indicates the FIR was lodged to recover money by coercion rather than for genuine criminal prosecution; police must exercise heightened caution in such disputes.

Parties
Appellant: Deepak Kumar Shrivas & Anr.; Respondent: State of Chhattisgarh & Ors.; Respondent No.6: Rajkumari Maravi
Jurisdiction
India
Judgment Date
19 February 2024
Procedural Posture
Criminal Appeal / Appeal Against the High Court Order Dated 11.07.2023 in WPCR No.703 of 2022 Dismissing Writ Petition Under Article 226
Outcome
Appeal allowed
Legal Topics
Quashing of FIR, Abuse of Process, Delay in Lodging FIR, Police Caution in Private Disputes
Criminal Procedure Constitutional Law Administration of Justice Quashing of FIR Abuse of Process Delay in Lodging FIR Police Caution in Private Disputes

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Parties

Deepak Kumar Shrivas & Anr.

Appellant

State of Chhattisgarh & Ors.

Respondent

Rajkumari Maravi

Respondent No.6

Procedural Posture

Criminal Appeal / Appeal Against the High Court Order Dated 11.07.2023 in WPCR No.703 of 2022 Dismissing Writ Petition Under Article 226

Legal Issues

  1. 1 Whether the High Court was justified in dismissing the writ petition seeking quashing of criminal proceedings arising out of FIR No.248 of 2022
  2. 2 Whether the FIR was mala fide or an abuse of process filed to recover money by coercion rather than for criminal prosecution
  3. 3 Whether unexplained delay in lodging FIR affects the propriety of allowing criminal prosecution to continue

Ratio Decidendi

The appeal is allowed and the proceedings arising out of FIR No.248 of 2022 are quashed because a prior enquiry recorded counter-allegations including that respondent no.6 had paid Rs.4 lakhs, respondent no.6 was aware of the earlier complaint yet lodged the FIR after an unexplained delay of about three years, and the material indicates the FIR was lodged to recover money by coercion rather than for genuine criminal prosecution; police must exercise heightened caution in such disputes.

Court Disposition

Appeal allowed

Orders

  • Impugned order dated 11.07.2023 of the High Court of Chhattisgarh set aside
  • Proceedings arising out of FIR No.248 of 2022 quashed