SHANKER MANCHANI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Of a note, this Court vide order dtd. 6/2/2025 had granted interim protection to the petitioner and challenging that order, an SLP No.3623/2025 was preferred and the Supreme Court primarily declined to interfere in the order dtd. 6/2/2025 and has directed for an expeditious disposal of the petition. In deference to the order of the Supreme Court, this Court persuaded the counsels to argue the matter finally. Although time was being sought on behalf of respondent No.2 to avoid final hearing of the matter and as such this Court was constrained to observe in order-sheet dtd. 15/4/2025 that the matter was being adjourned at the behest of counsel for respondent No.2. Albeit, at the time of final hearing, it was urged by the learned counsel for respondent No.2 that the said observation may be recalled. Finding that the recall of said observation would not cause prejudice to any of the parties and as such, the said observation was recalled. Since the pleadings were complete, the matter was heard on 22/4/2025 at length and today the order is being pronounced.

(2.) This petition has been filed under Sec. 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 r/w Sec. 482 of CrPC by the petitioner for quashing the FIR registered vide Crime No.62/2025 at Police Station Omti, District Jabalpur for the offence punishable under Ss. 420, 467, 468, 471 of IPC against the petitioner and also seeking annulment of subsequent proceeding arising out of the said FIR.

(3.) The challenge is founded mainly on the ground that the crime has been registered pursuant to a complaint made by complainant (respondent No.2 herein), although it is purely a case of civil nature, for which, civil suit is pending and all the material documents that are made the foundation for the registration of FIR, are subject matter of the civil suit and their sanctity has to be tested by the trial Court in the civil suit. As per the petitioner, the FIR deserves to be quashed because it has been lodged with an intention to create undue pressure upon the petitioner for settling the civil dispute.