1 2025:CGHC:19622-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 679 of 2024 1 - Geeta Devi Agrawal W/o Late Shri Hanuman Prasad Agrawal Aged About 65 Years R/o Z-6/1 Savadiya Building, Raigarh, Raigarh Kotwali, Chhattisgarh. 2 - Narayan Agrawal S/o Late Shri Hanuman Prasad Agrawal Aged About 42 Years R/o Z-6/1 Permanent Residing Of Savadiya Building, Raigarh, Raigarh Kotwali, Chhattisgarh. Currently Residing At Dubai Through Its Power Of Attorney Holder Amit Agrawal Aged About 45 Years, Son Of Late Shri Hanuman Prasad Agrawal, R/o Z-6/1 Savadiya Building, Raigarh, Raigarh Kotwali, Chhattisgarh. 3 - Amit Agrawal S/o Late Shri Hanuman Prasad Agrawal Aged About 45 Years R/o Z-6/1 Savadiya Building, Raigarh, Raigarh Kotwali, Chhattisgarh. ... Petitioner(s) versus 1 -State Of Chhattisgarh Through The Principal Secretary Department Of Home, Mahanadi Bhawan, Nawa Raipur, Raipur, Chhattisgarh. 2 -The Station House Officer Police Station Raigarh Kotwali District - Raigarh, Chhattisgarh. 3 -Sunil Kumar Chandrawanshi Commissioner Municipal Corporation Raigarh, District - Raigarh, Chhattisgarh. 4 - Harikeshwar Lakda S/o Shri Gonsai Lakda R/o Gaurishnakar Mandir Road, Municipal Corporation Raigarh, Kotwali Raigarh, Chhattisgarh. 2 5 - Amit Keshwarwani Working As Revenue Sub Inspector, In Municipal Corporation Raigarh, District - Raigarh, Chhattisgarh. 6 - Municipal Corporation Raigarh Through Its Commissioner, Raigarh, District - Raigarh, Chhattisgarh. ... Respondents For Petitioners : Mr. Manoj Paranjpe, Advocate with Mr. Vikram Sharma, Advocate. For Respondent /State : Mr. Hariom Rai, Panel Lawyer For Respondent/Municipal Corporation : Mr. HB Agrawal, Sr. Advocate with Ms. A Sandhya Rao, Advocate. Hon’ble Mr. Ramesh Sinha, Chief Justice Hon’ble Mr. Arvind Kumar Verma, Judge Order on Board Per Ramesh Sinha, Chief Justice 01/05/2025 1. This petition has been filed under Section 482 of Cr.PC with following relief(s): “1). It is therefore, prayed that this Hon'ble Court may be kind enough to quash the FIR No 150/2024 dated 11.03.2024 registered by Police Station Raigarh Kotwall District Raigarh (CG) under Section 420 & Section 34 of the Indian Penal Code (Annexure-P/1) as it is untenable in the eye of law. 2) That, this Hon'ble Court may direct the respondent state to initiate the enquiry against the Respondent No 3 to 5 as the same officers have misused their official position and has threaten the common man, and by misusing the position has directed for the registration of the false FIR on false pretext of facts.” 3 2. The facts, in brief, as projected by the petitioners are that on 05.02.2024, the notice (Annexure P-5) was served by the Municipal Corporation, Raigarh, (Respondent No 6) in the name of Kusumdevi, who is the aunt of the petitioner nos. 2 & 3 raising the demand of property tax to the tune of Rs.31,84,769, to which, the present petitioners raised issue that the amount imposed by the Municipal Corporation is incorrect as the same is not supported with any calculation sheets and requested to correct the same so that the amount can be paid. Copy of request letter is Annexed as P-6 (dated 14.02.2024). The Municipal Corporation, after receiving the said letter of petitioners, has realizing its mistake and directed to take measurement of property in question, however, after carried out the same, found that the actual amount which the petitioner is liable to pay is Rs.21,23,802/-. The petitioner have accepted the said calculation and agreed to pay the said amount. 3. Mr. Paranjpe, learned counsel for the petitioners submits that vide notice dated 15.03.2024, sum of Rs.21,23,802/- has been imposed upon the petitioners by the respondent/Municipal Corporation as revised amount of property tax. The petitioners have paid/deposit the entire amount on 16.03.2024 as imposed upon them by the respondent/Municipal Corporation, copy of online payment receipt is annexed as Annexure P-11. After receiving the said amount, the Municipal Corporation has written a letter to the concerned Police Authorities for taking back the FIR 4 registered against the Petitioner, copy of said letter is annexed as Annexure P-12 (dated 17.03.2024) along with affidavit. Since, the amount has already been paid/deposited and the affidavit to that effect has already been submitted by the Corporation, FIR lodged by respondent No.4 against the petitioner may be quashed. 4. Mr. H.B. Agrawal, learned Senior Counsel for the respondent/Municipal Corporation submits that the respondent/Municipal Corporation has already moved an application for withdrawing of the FIR lodged by respondent No.4 against the petitioners. 5. We have heard learned counsel for the parties and perused the documents appended with petition. 6. It is pertinent to mention here that the other respondents though they have been arrayed by name as party, but it is stated that they have only discharging their official duties and carried out their officials functions. 7. Considering facts and circumstances of the case, nature of allegation, submissions of the learned counsel for the parties, documents brought on record, particularly the facts that amount in question has already been paid/deposited by the petitioner and respondent/Municipal Corporation has already moved an application for withdrawing of the FIR lodged against the petitioners, we are inclined to quash the FIR lodged against the petitioners. 5 8. Accordingly, the FIR No.150/2024 dated 11.03.2024 registered against the petitioners by Police Station -Raigarh Kotwali, District Raigarh (CG) for offence under Section 420/34 of the Indian Penal Code (Annexure -P/1) is hereby quashed. 9. In the result, present petition is allowed to the extent indicated hereinabove. No cost(s). Sd/- Sd/- S (Arvind Kumar Verma) (Ramesh Sinha) JUDGE CHIEF JUSTICE J.