1 2025:CGHC:43849-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 839 of 2023 Laxman Ram Bhagat S/o Late Shri Guju Ram Bhagat, Aged About 65 Years R/o Permanent Address Village Kating Post Lodam Police Station Lodam District Jashpur At Present Near Choudhary School Darbari Toli Jashpur Nagar, Police Station Jashpur, District : Jashpur, Chhattisgarh ... Petitioner versus 1 - State of Chhattisgarh Through Police Station Vidhansabha, District : Raipur, Chhattisgarh 2 - Smt. Rashmi Chaware W/o Late Shri Manish Kumar Bhagat Aged About 36 Years R/o 116 Capitol City Face 2 Saddu Police Station Vidhansabha, District : Raipur, Chhattisgarh ... Respondents For Petitioner : Mr. Rohitashva Singh, Advocate. For Respondents-State : Mr. Swajeet Ubeja, Panel Lawyer. For Respondent No.2 : None. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha , Chief Justice 29 .08 .2025 1. In the present petition, the petitioner has prayed for following relief:- “It is, therefore, most humbly prayed that this Hon’ble Court may kindly be pleased to quash First Information Report bearing Crime No. 85/2021 in the Police Station Vidhansabha and quashing of AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.08.29 18:31:48 +0530 2 subsequent Criminal Case No.7444/2021 pending before the Judicial Magistrate First Class Raipur District Raipur (C.G.), for offence under section 420 of the Indian Penal Code, in the interest of justice.” 2. Case of the prosecution, in brief, is that the respondent No.2 is the daughter- in-law of the petitioner and wife of Late Manish Kumar Bhagat, who died on 06.08.2020. After the death of husband of respondent No.2, she found that her husband nominated his mother/Mahati Bai along with his father/Laxman Ram Bhagat/petitioner against the amount deposited in banks and other places. The amount of Rs1.21 Crore deposited in the bank account and PF of Late Manish Kumar Bhagat was to be given by the company to her mother- in-law and father-in-law/petitioner, on which, a case was filed before the learned Court of Raipur for making the complainant and her son Sakshya Bhagat as nominee/successor. Thereafter, the court had imposed a ban on withdrawal of the amount. On being persuaded by Ajay Shah, Manager Maruti Suzuki Limited, Mother-In-Law/Mahati Bhagat and Father-In-Law/petitioner and considering the future of herself and her son, the case was withdrawn by the complainant by submitting an application in the Court. It was decided to deposit the amount of Rs. 50.00 lakh received by the complainant's Father-In-Law/ petitioner from Maruti Suzuki India Limited in the name of Sakshya Bhagat and to keep himself as nominee. It is alleged that the petitioner fraudulently deposited Rs. 50.00 lacs in a fixed deposit scheme for a term of 10 years from his own account on 19.02.2021 in his own name and Sakshya Bhagat. Apart from this, the petitioner submitted an application wherein instead of opening account in the name of son of complainant (Sakshya Bhagat), dishonestly and fraudulently applied for 3 opening and depositing the amount in his own name. Based on above facts, present crime was registered against the petitioner. 3. Learned counsel for the petitioner would submit that the petitioner has already deposited Rs.50.00 lacs as fixed deposit in the name of his grandson on 19/02/2021 for his better future, but the complainant in greedy of money, deliberately lodged an FIR against the petitioner on 02/03/2021. In the FIR itself, there is already a settlement occurred between the parties and the complainant has withdrawn succession case on account of settlement. Learned counsel further submits that the petitioner is sexagenarian at present and suffering from various medical ailment. The complainant is well aware of the medical conditions of the petitioner, but in the greedy of more money, she lodged the false FIR only to harass the petitioner, despite the fact that she has already received money of the life insurance policy. 4. Learned counsel for the respondent/State would oppose the submissions made by learned counsel for the petitioner and submits that police authorities are duty-bound to register the FIR and if from the perusal of complaint a prima facie cognizable offence is made out against the petitioner. After registration of the FIR, statement of the complainant and other witnesses were recorded and it is crystal clear that the petitioner has committed the aforesaid offence. 5. Despite notice being served upon respondent No.2 and memo of appearance being filed by Shri Sharad Mishra, Shri S.K. Kushwaha and Shri Saurabh Mishra, Advocates on behalf of respondent No.2, no one appeared to argue the matter before this Court. 4 6. We have heard learned counsel for the parties and perused the pleadings and documents. 7. Having considered the entire facts and circumstances of the case, and particularly taking note of the fact that there exists a family dispute between the parties; that the husband of the complainant/respondent No.2 passed away on 06.08.2020 and subsequent to his death, the complainant, being the nominee under the insurance policy, has already received the insurance amount of approximately ₹2.00 Crore; and that the petitioner has further deposited a sum of ₹50.00 Lakhs in the name of his grandson in the form of a fixed deposit on 19.02.2021 for his better future, this Court finds that the materials on record do not disclose any element of criminal intent on the part of the petitioner 8. In view of above, the impugned FIR No.85/2021 dated 02.03.2021 registered at Police Station Vidhansabha, District Raipur, for the offence punishable under Section 420 of the IPC, as well as the subsequent Criminal Case No.7444/2021 pending before the Court of Judicial Magistrate First Class, Raipur, C.G. for the said offence, are hereby quashed. 9. Accordingly, the present petition is allowed. SD/- SD/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice GowriAmardeep