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Dr. Urvashi Phuljhale vs State Of Chhattisgarh
2026 Latest Caselaw 1897 Chatt

Citation : 2026 Latest Caselaw 1897 Chatt
Judgement Date : 21 April, 2026

[Cites 12, Cited by 0]

Chattisgarh High Court

Dr. Urvashi Phuljhale vs State Of Chhattisgarh on 21 April, 2026

Author: Ramesh Sinha
Bench: Ramesh Sinha
                                        1




                                                         2026:CGHC:18100-DB
                                                                          NAFR

            HIGH COURT OF CHHATTISGARH AT BILASPUR


                            WPCR No. 81 of 2025

Dr. Urvashi Phuljhale D/o Dr. Kailash Nath Phuljhale, Aged About 40 Years R/o
House No. 5b, Street-1 Sector-9 Bhilai, District Durg (C.G.).
                                                                --- Petitioner(s)
                                    versus
1 - State Of Chhattisgarh Through The Secretary, Ministry Of Home
Secretariat, Capital Complex, Mahanadi Bhawan, Nawa Raipur, District Raipur
(C.G.).
2 - Police Station Dindayal Nagar, Through The Station House Officer, Raipur
(C.G.).
3 - Smt. Vinita Jha W/o Shri Mukesh Jha, Aged About 32 Years R/o Near
Yogmaya Temple Kailashpuri, Tikrapara, Raipur (C.G.).
                                                            --- Respondent(s)
For Petitioner(s)           : Mr. B.P.Sharma, Advocate.
For Respondents No. 1 : Mr. Nitansh Jaiswal, Deputy Government
and 2/State             Advocate.
For Respondent No. 3        : Mr. Manoj Paranjpe, Senior Advocate with Mr.
                             Anshul Tiwari and Mr. Aditya Dhar, Advocates.




Dr. Pravin Rustam Rao Borde S/o Rustam Rao Borde Aged About 40 Years R/o Flat No.-202, 2nd Floor, Mahalaxmi Apartment, Beed Bypass, Aurangabad (M.H.)

---Petitioner(s) Versus 1 - State Of Chhattisgarh Through - The Officer In Charge, Police Station Dindayal Nagar, Raipur, District - Raipur (C.G.)

2 - Vinita Jha W/o Mukesh Jha Aged About 32 Years R/o Kailashpuri, Near Yogmata Mandir, Tikrapara, Raipur, Tahsil And District - Raipur (C.G.) 3 - Mukesh Jha S/o Ayodhya Datt Jha Aged About 43 Years R/o Kailashpuri, Near Yogmata Mandir, Tikrapara, Raipur, Tahsil And District - Raipur (C.G.) 4 - Ashish Tiwari S/o Madan Mohan Tiwari Aged About 43 Years R/o Sector- 10, Civic Center, Bhilai, District - Durg (C.G.)

--- Respondent(s)

For Petitioner(s) : Mr. Rajeev Shrivastava, Senior Advocate assisted by Mr. Akhand Pratap and Mr. Niraj Baghel, Advocates.

For Respondent/State Mr. Nitansh Jaiswal, Deputy Government Advocate.

For Respondent No. 2 to 4 : Mr. Manoj Paranjpe, Senior Advocate with Mr. Anshul Tiwari and Mr. Aditya Dhar, Advocates.

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

Order on Board

Per Ramesh Sinha, Chief Justice

21/04/2026

1. Heard Mr. Rajeev Shrivastava, learned Senior Advocate, Mr.

B.P.Sharma, Mr. Akhand Pratap, Mr. Niraj Baghel, learned counsel

appearing for the petitioners as well as Mr. Nitansh Jaiswal, learned

Deputy Government Advocate for the State as well as Mr. Manoj

Paranjpe, learned Senior Advocate assisted by Mr. Anshul Tiwari and

Mr. Aditya Dhar, learned counsel for the private respondents.

2. Since the facts and issues involved in both the above writ petitions are

common, they are being considered and disposed of by this common

order.

3. In WPCr No. 81/2025, the petitioner has prayed for the following relief(s):

"a. A writ and/or an order in the nature of mandamus do issue calling for records pertaining to case of petitioner from the Court concerned for perusal of this Hon'ble Court, if deem fit.

b. A writ and/or an order in the nature of appropriate writ do issue quashing the Final Report No. 7/25, dated 13.1.2025 filed consequent to registration of FIR No. 0462/2023 dated 12.10.2023 for the offence under Section 420 of IPC and Section 4 of the Chhattisgarh State Upcharyagriha Tatha Rogopchar Sambandhi Sthapnaye Anugyapan Adhiniyam, 2010 and also order taking cognizance by the Court of learned Judicial Magistrate 1st Class, Raipur, in Criminal Case No. 685/2025 being in utter violation of petitioner's fundamental, constitutional rights and also amounting to abuse of process of Court and abuse of process of law and liable to be nipped at the bud in the peculiar factual matrix of the case and in the interest of justice.

c. Cost of the proceedings.

d. Any other writs or directions that may be deemed fit and just in the facts and circumstances of the case."

4. In WPCr No. 120/2025, the petitioner has prayed for the following

relief(s):

"10.1 A writ and/or an order in the nature of mandamus do issue calling for records pertaining to case of petitioner from the Court concerned for perusal of this Hon'ble Court, if deem fit.

10.2 A writ and/or an order in the nature of appropriate writ do issue quashing the Final Report No.7/25 dated 13.1.2025 consequent to registration of filed FIR No.0462/2023 dated 12.10.2023 for the offence under Section 420 of IPC and Section 40f the Chhattisgarh State Upcharyagriha Tatha Rogopchar Sambandhi Sthapanaye Anugyapan Adhiniyam, 2010 and also order taking cognizance of offence dated 27.1.2025 passed by the Court of learned Judicial Magistrate 1" Class, Raipur, In Criminal Case No.685/2025 being in utter violation of petitioner's fundamental, constitutional rights and also amounting to abuse of process of court and abuse of process of law and liable to be nipped at the bud in the peculiar factual matrix of the case and in the interest of justice

10.3 Cost of the proceedings.

10.4 Any other writs or directions that may be deemed fit and just in the facts & circumstances of case."

5. The facts, in brief, as projected by the petitioners are that a written

complaint was made by the private respondents i.e. Mukesh Jha, Ashish

Tiwari, and Smt. Vinita Jha, to the Senior Superintendent of Police,

Raipur as well as Station House Officer, Police Station, DD Nagar,

Raipur on 06.07.2022. Pursuant to the same, an FIR bearing Crime No.

0462/2023 for the offence under Section 420 of Indian Penal Code (for

short, the IPC) and Section 4 of the Chhattisgarh State Upcharyagriha

Tatha Rogopchar Sambandhi Sthapanaye Anugyapan Adhiniyam, 2010

(for short 'the Adhiniyam, 2010') in respect of alleged incident taken

place between 2.2.2021 and 12.10.2023, was registered.

6. The allegations levelled against the petitioners by the private

respondents in the complaint was that the private respondents came to

know in the year 2020 that a new hospital is going to be opened at

Mahadev Ghat, Raipura, by name New Raipura Hospital and the said

hospital requires eligible persons for opening a medical store in the said

hospital. The private respondents intended to open a medical shop and

they were having a qualified pharmacist also. Hence, they contacted

Dinesh Giri Goswami who told them that he is Doctor in Medicine and

also that Dr. Pravin Rustam Rao Borde and Dr. Urvashi Phuljhale are

associated with the said hospital and they have the licence to run the

hospital from the Department of Health. The private respondents

expressed their willingness to open a medical store in the said hospital

for which a meeting between Dr. Dinesh Giri Goswami, Dr. Pravin

Rustam Rao Borde and Smt. Urvashi Phuljhale and the private

respondents was held on various occasions. It was informed to the

private respondents that the said hospital would be a 50 bedded hospital

and every month, there would be a sale of Rs. 30,00,000/- worth of

medicine and they would be earning a profit of minimum Rs. 10,00,000/-

per month. The petitioners herein lured the private respondents that if

they intend to open medical shop, they will have to deposit

Rs.45,00,000/- and the hospital would start functioning September. The

private respondents deposited a sum of Rs.5 Lacs on 28.08.2020, Rs.10

lacs on 16.09.2020, Rs.5 Lacs on 17.09.2020 and Rs.3 Lacs on

17.10.2020 with the petitioners. In this manner, a total of Rs.23 Lacs

was deposited by the private respondents with the petitioners. However,

the Hospital was opened lately in the month of November, 2020. After

opening of the medical shop, the private respondents came to know that

the said hospital was not a 50 bedded hospital but only 9 bedded

hospital and as such, the private respondents were cheated. Despite

getting the security amount of Rs.23 Lacs, the petitioners demanded

and pressurized for payment of a further sum of Rs. 22 Lacs. Later, a

registered agreement was entered into between the parties on

01.02.2021. When the private respondents demanded the licence for

running of the hospital from the petitioners, the petitioners firstly tried to

evade and later only gave the a copy of the receipt of the documents

submitted by them for obtaining the licence but not the copy of the

licence. At that point of time, the respondents came to know that the

petitioners did not had the requisite licence for running the hospital.

According to the private respondents, the petitioners misbehaved with

them and the medicines which were being sold their medical store, the

money was not being given to the private respondents and thus, the

private respondents were cheated by the petitioners by luring them to get

good incentive and profit from the Hospital but in fact they have been put

to loss.

7. Mr. Rajeev Shrivastava, learned Senior Advocate appearing for the

petitioner-Dr. Pravin Rustam Rao Borde and Mr. B.P.Sharma, learned

counsel appearing for the petitioner-Dr. Urvashi Phuljhale, submit that

bare perusal of the written report will make it clear that certain financial

transactions have taken place in respect of operation of medical store of

the Hospital known as New Raipur Hospital, Raipur. It has been said

that not only the hospital has been opened but also complainant has

been allowed to run medical store in the said hospital for considerable

period and the complainant has earned profit by running medical shop in

the said hospital as the agreement entered into with the hospital

authorities and not with the petitioners that in respect of sale of

medicines and instruments from medical shop, there will be profit

distribution among the person running the hospital and the person

running medical shop in the ratio of 60:40 respectively. It has also been

said that although under the Ayushman Scheme of the Government,

amount of medicine has been obtained by the Hospital directly but the

amount of medicines has not been paid which has come around Rs.60

Lakhs, as on April, 2022. It is further the allegation of the private

respondents that when they demanded the amount, she has been

threatened of involving her in criminal case and also filthy language has

been used against the complainant and her agents. They would draw the

attention of this Court to the statements of Dinesh Giri Goswami and

Praveen Rustom Borde recorded by the police agency to the effect that

ratio of profit to be adjusted between them in the ratio of 40:60 and the

complaint has been filed as there was dispute relating to accounts. Thus,

except in the statement of complainant or her agents, nowhere the

petitioners name has come in the record which make her liable for

prosecution of any offence much less for the offence under Section 420

of IPC and Section 4 of the Adhiniyam, 2010. Since on the basis of

statements recorded and documents placed on record by the

complainant and her witnesses, the Police authorities were not certain

that any offence much less the offence under Section 420 of IPC and

Section 4 of the Adhiniyam, 2010 has been made out, therefore, an

opinion was sought from the Deputy Director, Prosecution, by the City

Superintendent Police of Police Station DD Nagar, Raipur as to for

commission of which offence the investigation should proceed further. In

this regard a copy of letter dated 29.9.2023 of the Deputy Director

(Prosecution) forming part of the charge sheet is relevant in which

although hesitatingly the Assistant Prosecution Officer has stated about

the offence under Section 420 of IPC, but in categorical terms stated that

his opinion is not binding on the police authorities, and for registration of

offence and for further proceedings, the police authorities are free to take

the decision in their absolute discretion.

8. Learned counsel for the petitioners submit that Mr. Dinesh Giri Goswami

i.e. accused No. 1 in the impugned FIR, met and disclosed that he is a

local general medical practitioner and he has online registration under

Nursing Home Act acknowledgment with him i.e. temporary registration

of New Raipura Hospital, Raipur and temporary registration ID (Login

ID) TRAIP56126 dated 23.01.2017 and further permanent registration

ID process is in progress and now he wants to start a Multispecialty

Hospital at Mahadeo Ghat Road, Raipur. Therefore, he is in need of

specialist doctor. The petitioner-Dr. Pravin Rustam Rao Borde,

considering the need and request of Dinesh Giri Goswami, discussed

the terms and conditions of the work and salary and thereafter Dinesh

Giri Goswami also gave an offer to become partner in the above said

Multispecialty Hospital. Thereafter, the petitioner disclosed that, her wife

is also a Pathologist. In the meantime, Dinesh Giri Goswami offered

separate premises for lab and also proposed to make her partner in

Multispecialty Hospital. It was initially agreed by both the parties that

Dinesh Goswami will invest 51% and petitioner along with his wife will

invest, as a partner, of 49% share. Believing the words of the Dinesh Giri

Goswami, the petitioner and his wife formed a private limited company

named and styled as M/s Shivansh Borde Pvt. Ltd. Act having CIN No.

under the U8532OCT2020PTCO10566 and thereafter M/s Shivansh

Companies Borde Pvt. Ltd. and Dinesh Goswami meanwhile started M/s

New Raipura Hospital at Mahadeo Ghat Road, Raipur. The petitioner,

believing the words of the Dinesh Giri Goswami that he has temporary

license and requisite permission from competent authority in respect of

starting new hospital, started his works as doctor in the M/s New

Raipura Hospital, Raipur from 02.11.2020. Thereafter, Dinesh Giri

Goswami in the month of November 2020 disclosed that he has already

offered to respondents No. 2 & 3 for the purpose to start medical shop in

the premises of M/s New Raipura Hospital and to that effect Goswami

disclosed that, it is necessary to meet with respondents No. 2 & 3 for the

purpose to decide the terms and condition of the agreement. Therefore,

considering the direction of Dinesh Giri Goswami one meeting was held

in M/s New Raipura Hospital, Raipur. Thereafter Dinesh Giri Goswami

prepared partnership firm l.e. M/s New Raipura Hospital and to that

effect executed Deed of Partnership on 26.11.2020 at Bhilai and at the

first instance Dinesh Giri Goswami handed over a copy of online

registration Under Nursing Home Act Acknowledgment to the petitioner

as a temporary Registration of M/s New Raipura Hospital, Raipur. In

fact, thereafter Dinesh Giri Goswami told the petitioner that, he has met

with Vinita Jha and also discuss the terms and conditions in respect of

business of Medical Shop and also settled the draft of agreement and he

has given oral permission to Vinita Jha to start Medical Shop and

business in the premises of New Raipura Hospital, Raipur in the name of

Ishan sale, because Vinita Jha told to the Dinesh Giri Goswami that she

has obtained all necessary license and permissions from competent

authority to start medical shop. On the oral promise and permission of

Dinesh Giri Goswami, the relatives of Vinita Jha transferred only

Rs.23,00,000/- out of Rs.45,00,000/- in the bank account of New

Raipura Hospital, Raipur and prior to transferring the amount made a

specific condition that the petitioner and his partner firstly will hand over

blank Cheques of Post Dated to Vinita Jha. Subsequently, the petitioner

and Dinesh Giri Goswami handed over total 5 cheques (2 cheques by

Dinesh Giri Goswami and 3 cheques by the petitioner-Dr. Pravin Rustam

Rao Borde) as a security to Vinita Jha. According to Shrivastava,

Dinesh Giri Goswami has discussed and settled the terms and

conditions of agreement with Vineeta Jha. The petitioner again believing

the words of Dinesh Giri Goswami who has already executed partnership

deed with the petitioner and therefore considering the direction of Dinesh

Giri Goswami who has already prepared one "Ikrarnama" with Vinita Jha

and thereafter as per direction of Dinesh Giri Goswami, petitioner and

his wife made signature on said Ikrarnama" and the said "Ikrarnama"

was registered on 01.02.2021 in the office of Sub Registrar Office

Raipur. After the execution of the said agreement it is expected as per

terms and conditions of the agreement and assurance given by Vinita

Jha to deposit remaining amount of Rs. 22,00,000/- in the bank of

account of New Raipura Hospital by Vinita Jha, but in the month of

February 2021, Dinesh Giri Goswami and petitioner came to known that,

the Vinita Jha is now not in a mood to deposit the balance amount of

Rs.22,00,000/- Therefore, Dinesh Giri Goswami and petitioner

conducted meetings with Vinita Jha and other persons as per directions

of Vinita Jha and requested her to deposit balance amount of

Rs.22,00,000/- as per registered agreement but she was not in mood to

deposit the remaining amount of Rs. 22,00,000/- and she gave evasive

replies to petitioner and Dinesh Giri Goswami. The complainant-Vinita

Jha did not deposit the balance amount of Rs.22,00,000/- as per above

mentioned registered agreement in the bank account of New Raipura

Hospital, and she was not even ready to disclose the purchase and sale

of medicines of the medical store at New Raipura Hospital. She also did

not give GST details to the petitioner and Dinesh Giri Goswami as per

decided in number of meetings by Vinita Jha and other persons. Thus,

Vinita Jha along with her relatives created a dispute with petitioner and

Dinesh Giri Goswami as commercial transactions of medicines were not

disclosed with them. Due to second wave of wide spread pandemic

Covid-19 period i.e. from month of March to June 2021, the entire New

Raipura Hospital was continuously functioning and medical store run by

complainants was still open. Vinita Jha even after number of request

neither deposited balance amount of Rs. 22,00,000/- nor provide any

details of purchase and sale and GST after starting medical shop i.e.

Ishan Sales, till this date. Due to personal family problem of the

petitioner, in the month of July 2022, he was not in position to reside in

Raipur and therefore in compelling circumstances he decided to left the

work and business of New Raipura Hospital. Therefore, petitioner

communicated the above said fact to Dinesh Giri Goswami. Thereafter

petitioner, personally on 01.08.2022, on letter head of New Raipura

Hospital in writing relinquished all his responsibility. Consequently, entire

responsibility was rested upon Dinesh Giri Goswami. The said original

letter was also submitted in the office of Bank of Baroda, branch Sundar

Nagar, Raipur. The petitioner told Vinita Jha about above mentioned fact

that he is leaving Raipur and he will also relinquish all his responsibility

of the New Raipura Hospital. Vinita Jha asked to sent all the facts

through e-mail to Ashish Tiwari and Mukesh Jha. Thus, the petitioner

sent mail to Ashish Tiwari and Mukesh Jha. Considering the above said

assurance even Vineeta Jha from July 2022 to September 2022 after

number oral request made by the Dinesh Giri Goswami and petitioner

neither deposited balance amount of Rs.22,00,000/- nor given any

details of purchase, sale and GST and also not given regular profit of

40% amount of profit to the petitioner and Dinesh Giri Goswami. Vinita

Jha with ill intention and ulterior motive started falsely alleging on

technical grounds for the purpose to avoid to deposit the said balance of

Rs.22,00,000/- and details of purchase and sale, GST and balance 40%

amount of profit and arrears of 40% amount of profit. Vineeta Jha also

filed a Civil Suit being No. 30-B/2022 for recovery of an amount of Rs.

74,44,223/- before learned District Court Raipur which is pending

consideration. The other offence for which petitioner is charge sheeted

is of Section 4 of the Adhiniyam, 2010 and the documents filed by the

prosecution itself suggest that on 31.8.2021 license has been issued to

New Raipur Hospital, Mahadev Ghat Road, Raipura. Thus, it is clear

that on making application at a prior point of time, copy of which has

been supplied to the complainant, the registration of Hospital with the

State authorities has taken place and license has been granted under

Section 3 of the Adhiniyam, 2010 and there is no question of being

unsuccessful in obtaining license. Therefore, the offence under Section 4

of the Adhiniyam, 2010 also cannot be held to be made which deals with

penalty for failure to obtain license.

9. Learned counsel appearing for the petitioners submit that the sole

intention of the complainant and her associates was to recover the

amount paid under the agreement and of obtaining ratio of profit which is

to be recovered or not paid by the hospital and regarding which the

witnesses themselves have stated that due to alleged irregularity in

financial transactions in between March-April 2021 to June 2022 or non-

payment of amount allegedly due and for not supply of statement of

accounts by the persons concerned, the disputes have arisen which

ought not to have been given a criminal shape particularly when the

remedy of filing civil suit is available to the complainant at the time of

initiation of criminal proceeding. No ingredient of Section 420 of the IPC

is made out in this case. In support of their contentions, learned counsel

for the petitioners place reliance on the decision of the Apex Court in

State of Haryana v. Bhajanlal {1992 Suppl (1) SCC 395} and submit

that these petitions be allowed.

10.On the other hand, Mr. Nitansh Jaiswal, learned State counsel submits

that the complaint made by the private respondents was duly

investigated by the police and after completion of the investigation,

charge sheet has been filed and the learned trial Court i.e. Judicial

Magistrate First Class, Raipur, has also taken cognizance of the matter

and the matter is pending consideration.

11.Mr. Manoj Paranjpe, learned Senior Advocate appearing for the private

respondents submit that they were lured by the petitioners with lucrative

benefits for opening a medical store in the Hospital owned and run by the

petitioners for which a heavy amount of Rs. 23 Lacs was got deposited

by the petitioners. However, neither the private respondents received

any returns as assured and on the contrary, the petitioners were not

having even the licence to run the hospital as such, they have been

cheated for which the police has rightly registered the FIR and

proceeded against them by filing the charge sheet and the learned trial

Court has rightly taken cognizance of the matter. As such, these

petitions deserve to be dismissed.

12.We have heard learned counsel for the parties, perused the pleadings

and documents appended thereto.

13.From perusal of the pleadings and materials available on record, it

transpires that an agreement was entered into between the petitioners

and the private respondents with regard to opening of a medical store in

the Hospital for which certain deposits were made by the private

respondents with the petitioners. After sometime, it appears that dispute

has arisen between the parties with regard to sharing of the profit and

running of the medical store for which the private respondents have also

filed a civil suit being Civil Suit No. 30-B/2022. The entire dispute

between the parties appear to be civil in nature and when the expected

profit could not be earned, the same has given rise to the present case.

14.One of the accused namely Dinesh Giri Goswami is reported to have

expired on 09.12.2022.

15.The legal position on the issue of quashing of criminal proceedings is

well-settled that the jurisdiction to quash a complaint, FIR or a charge-

sheet should be exercised sparingly and only in exceptional cases and

Courts should not ordinarily interfere with the investigations of

cognizable offences. However, where the allegations made in the FIR or

the complaint even if taken at their face value and accepted in their

entirety do not prima facie constitute any offence or make out a case

against the accused, the FIR or the charge-sheet may be quashed in

exercise of powers under Article 226 or inherent powers under Section

482 of the Cr.P.C.

16.In Ram Jas v. State of Uttar Pradesh {(1970) 2 SCC 740}, the

Supreme Court has observed at paragraph 3 as under:

"3......Cheating is defined in section 415, I.P.C which is as follows "Whoever, by deceiving- any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces, the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to "cheat".

The ingredients required to constitute the offence of cheating are-

(i) there should be fraudulent or dishonest inducement of a person by deceiving him;

(ii) (a) The person so deceived should be induced to deliver any property to any person, or to consent that any person shall retain any property; or

(b) the person so deceived should be intentionally induced to do or omit to do anything which he would not do or omit if he were not so deceived; and

(iii) In cases covered by (ii) (b), the act or omission should be one which causes or is likely to cause damage or harm to the person induced in body, mind, reputation or property."

17.In the well celebrated judgment reported in AIR 1992 SC 605 State of

Haryana and others v. Ch. Bhajan Lal, the Apex Court held that those

guidelines should be exercised sparingly and that too in the rarest of rare

cases. Guidelines are as follows:

"(1) Where the allegations made in the First Information Report or the complaint, even if they are

taken at their face value and accepted in their entirety to do not prima facie constitute any offence or make out a case against the accused.

(2) Where the allegations in the First Information Report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 156(2) of the Code.

(3) Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused.

(4) Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code.

(5) Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can every reach a just conclusion that there is sufficient ground for proceeding against the accused. (6) Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party. (7) Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge."

18.In the matter of Sarabjit v. State of Punjab, {(2023) 5 SCC 360}, it has

been observed by the Apex Court that a breach of contract does not give

rise to a criminal prosecution for cheating unless fraudulent or dishonest

intention is shown right at the beginning of the transaction. Merely on the

allegation of failure to keep up promise will not be enough to initiate

criminal proceedings.

19.From perusal of the FIR in question, we do not find that the dispute

between the parties is of civil nature and related to agreement entered

into between them which can be very well decided by the competent

jurisdictional Civil Court for which the private respondents have already

filed a civil suit and as such, the registration of the FIR and the

consequential criminal proceedings does not appear to be justified.

20.In view of the above discussion, the FIR bearing Crime No. 0462/2023,

dated 12.10.2023, the final report No. 7/2025 dated 13.01.2025, filed by

the Police of Police Station, Deendayal Nagar, Raipur, for the offences

under Section 420 of the IPC and Section 4 of the Chhattisgarh Rajya

Upcharya Grih Tatha Rogopchar Sambandhi Sthapnayein Anugyapan

Adhiniyam, 2010, the order dated 27.01.2025 passed by the learned

Judicial Magistrate First Class, Raipur, in Criminal Case No. 685/2025

and the consequential proceedings, so far it relates to the petitioners, are

quashed.

21.Resultantly, both these petitions are allowed. No order as to costs.

                             Sd/-                                           Sd/-
                   (Ravindra Kumar Agrawal)                             (Ramesh Sinha)
                           JUDGE                                        CHIEF JUSTICE

Amit

AMIT KUMAR DUBEY

 
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