Smt. Alka Thakre Vs State of Chhattisgarh — Cheating and Forgery | Chhattisgarh HC (2025)

Smt. Alka Thakre Vs State of Chhattisgarh — Cheating and Forgery | Chhattisgarh HC (2025)

What the court decided

AI extract

Outcome

Prayer to quash FIR No.0042/2024 was not granted; instead, the investigating officer was directed to conclude the investigation and submit the police report under S.173(2) CrPC (now S.193(3) BNSS) expeditiously, preferably within four weeks, with liberty reserved to the petitioner to take recourse to law if aggrieved by the charge-sheet. Learned State Counsel directed to send a copy of the order to the concerned Superintendent of Police.

Issue for consideration

Whether FIR No.0042/2024 registered under Section 420/34 IPC at police station Nandini Nagar, Distt. Durg against the petitioner should be quashed, and respondent No.4 directed to pursue any contractual dispute before the Civil Court.

Court's answer

The investigating officer (respondent No.3) is directed to conclude the investigation and submit a police report under Section 173(2) CrPC (now Section 193(3) BNSS) before the Magistrate concerned expeditiously, in accordance with law, preferably within four weeks from the date of the order.

Ratio / Principle

The FIR was not quashed; if the petitioner is aggrieved by the charge-sheet ultimately filed, she is at liberty to take recourse to law.

Detailed headnote1 paragraphs

High Court of Chhattisgarh at Bilaspur (Ramesh Sinha, C.J. for the Bench of Ramesh Sinha, C.J. and Bibhu Datta Guru, J.), order dated 25.08.2025 in CRMP No. 502 of 2024 (NAFR - non-reportable): Petition by Smt. Alka Thakre seeking quashing of FIR No.0042/2024 registered under Section 420/34 of IPC at police station Nandini Nagar, Distt. Durg on a complaint by respondent No.4 (Vimal Kumar Patel), and seeking a direction that respondent No.4 approach the Civil Court over alleged breach of an agreement dated 7-12-2023. Investigation was pending and no charge-sheet had been submitted; the petitioner had been granted bail. The Court did not quash the FIR. It directed the investigating officer (SHO, PS Nandini Nagar) to conclude the investigation and submit a police report under Section 173(2) of the CrPC (now Section 193(3) of the BNSS) before the Magistrate concerned expeditiously, preferably within four weeks, leaving the petitioner at liberty to take recourse to law if aggrieved by the charge-sheet. Petition disposed of accordingly.

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2025:CGHC:42907

Digitally signed by BABLU BABLU RAJENDRA RAJENDRA BHANARKAR BHANARKAR Date: 2025.08.25 17:54:06 +0530

HIGH COURT OF CHHATTISGARH AT BILASPUR

NAFR

CRMP No. 502 of 2024

Smt. Alka Thakre W/o Late Tukdya Thakre Aged About 54 Years Occupation Service, R/o Ward No.1, Village And Post Mohojhari Police Thana And Tahsil Lanji District Balaghat, (Mp), Local Resident At Padnabhpur, District- Durg, Chhattisgarh.

... Petitioner

versus

1 - State Of Chhattisgarh Through Secretary, Home Department Mantralaya, Mahanadi Bhawan, New Raipur, District- Raipur, Chhattisgarh.

2 - Superintendent Of Police Durg, District- Durg, Chhattisgarh.

3 - Station House Officer Police Station Nandini Nagar Durg, DistrictDurg, Chhattisgarh.

4 - Vimal Kumar Patel S/o Late Lekh Ram Patel Aged About 55 Years R/o Village And Post Hardi, Tahsil Dhamda, District- Durg, Chhattisgarh.

... Respondents

For Petitioner : Mr.Ajay Mishra, Advocate For Respondents : Ms.Saumya Sharma, Panel Lawyer

No.1 to 3/State

Hon'ble Shri Ramesh Sinha , Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge

Order On Board

Per Ramesh Sinha, C.J.

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25.08.2025

Heard Mr.Ajay Mishra, learned counsel for the petitioner as well as Ms.Saumya Sharma, learned Panel Lawyer appearing for respondents No.1 to 3/State.

By way of this petition, the petitioner has prayed for following relief:-

Quash the FIR bearing No.0042/2024 registered under section 420/34 of IPC at police station Nandini Nagar Distt.Durg registered against the petitioner.

Direct the respondent no. 4 to approach to the Civil Court if any, violation of the contractual terms has been done by the petitioner as pe the agreement executed between the parties on 7-12-2023 same is filed as Annexure P/3.

Facts of the case are that present respondent No.4/complainant lodged a complaint against the present petitioner and two others at Police Station Nandini Nagar at Durg for committing cheating and fraud which registered as Crime No. 0042/2024 under Section 420/34 of IPC and the matter is under investigation before the police station Nandini Nagar Durg. It has submitted that the petitioner has been granted bail by the competent Court in the present case.

Learned counsel for the parties submit that in the present case, investigation has not been concluded and charge-sheet has not been submitted.

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Be that as it may, the investigating officer of the present case i.e. respondent No.3 is directed to conclude the investigation of the present case and submit a police report under Section 173(2) of the CrPC (Now Section 193(3) of the BNSS) before the Magistrate concerned expeditiously, in accordance with law, preferably within a period of four weeks weeks from today. If the petitioner is aggrieved by the charge-sheet, she is at liberty to take recourse to law.

Learned State Counsel is directed to send a copy of this order to the concerned Superintendent of Police for necessary information and compliance.

With the aforesaid direction, the present petition stands disposed off .

Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice

Bablu