False Criminal Case Quashed: Supreme Court Rules in Favor of Shivendra Pratap Singh Thakur

The case of Shivendra Pratap Singh Thakur @ Banti vs. State of Chhattisgarh & Ors. highlights the importance of protecting individuals from frivolous and retaliatory criminal cases. The Supreme Court of India quashed an FIR and criminal proceedings against the appellant, ruling that the complaint appeared to be a tool of vendetta rather than a legitimate legal action. The judgment reaffirms the Court’s commitment to upholding the rule of law and preventing misuse of the criminal justice system.

Background of the Case

The case originated from a property dispute between the complainant, Barkat Ali, and the appellant, Shivendra Pratap Singh Thakur. The complainant alleged that the appellant, along with a co-accused, trespassed on his land, demolished a boundary wall, and caused financial losses. The key facts are as follows:

FIR No. 590/2019 was lodged on June 29, 2019, at P.S. Sarkanda, District Bilaspur.
The complainant alleged that the accused trespassed on his land before May 20, 2019, and caused damage worth Rs. 6 lakhs.
The complainant claimed that another person, Sushma Kashyap, also suffered damages of Rs. 4 lakhs, but she never filed a complaint.
The case was registered under Sections 447, 427, 294, and 506 read with Section 34 of the Indian Penal Code.
The charge sheet was filed, and the accused were shown as absconding.

Legal Proceedings and Key Issues

Petition Before the Chhattisgarh High Court

The accused initially filed a writ petition (WPCR No. 10 of 2020) before the Chhattisgarh High Court, seeking quashing of the FIR. However, they withdrew it with liberty to challenge the charge sheet at a later stage. Subsequently, a petition under Section 482 CrPC was filed, but the High Court rejected it on August 2, 2023.

Appeal to the Supreme Court

The accused challenged the High Court’s decision before the Supreme Court, arguing that:

The FIR was filed 39 days after the alleged incident, with no justification for the delay.
The complaint did not specify the exact date and time of the incident, making the allegations vague and unreliable.
Site inspections showed no evidence of damage to the complainant’s property.
The case was a retaliatory action, as the accused had previously filed a complaint (FIR No. 227/2014) against a witness in the present case.

Arguments Presented

Arguments by the Appellant

The counsel for the appellant argued that:

The allegations in the FIR were false and fabricated.
No independent complaints were made by Sushma Kashyap or her husband, despite them being allegedly affected.
The complainant failed to provide any explanation for the delay in filing the FIR.
The site inspection report showed no damage to the boundary wall, contradicting the FIR’s claims.
The criminal case was initiated as an act of personal vendetta due to past disputes.

Arguments by the Respondent (State of Chhattisgarh)

The State opposed the appeal, arguing that:

The complainant had no motive to falsely implicate the accused.
During the investigation, multiple witnesses confirmed the allegations.
The accused should face trial as the FIR and charge sheet contained prima facie evidence.

Supreme Court’s Judgment

The Supreme Court ruled in favor of the appellant, quashing the FIR and subsequent criminal proceedings. The Court observed:

“The complainant was not even sure of the date on which the alleged offences were committed. No reason whatsoever has been given in the FIR for the huge delay of more than 39 days in approaching the police.”

Read also: https://judgmentlibrary.com/supreme-court-acquits-man-in-1988-odisha-murder-case-after-36-years/

The Court further noted:

The complainant failed to establish the exact date of the incident.
The delay in filing the FIR indicated possible fabrication of allegations.
The site plan prepared by the police did not support the claim of property damage.
The allegations of criminal trespass were vague and unsubstantiated.
The entire case appeared to be a tool to “wreak vengeance” against the accused.

On these grounds, the Supreme Court invoked its powers under Article 142 of the Constitution of India and ruled:

“We feel that it is a fit case warranting exercise of powers conferred upon this Court under Article 142 of the Constitution of India so as to quash the proceedings of the criminal case.”

Key Legal Principles Established

Delay in Filing FIR: Unexplained delays in filing FIRs weaken the credibility of the allegations.
Vagueness in Allegations: Complaints lacking specific dates and details are unreliable.
Misuse of Criminal Law: The Court will not allow criminal proceedings to be used as tools for personal revenge.
Power Under Article 142: The Supreme Court can quash frivolous criminal cases to prevent miscarriage of justice.

Conclusion

The Supreme Court’s decision in Shivendra Pratap Singh Thakur @ Banti vs. State of Chhattisgarh is a landmark ruling that safeguards individuals from being victimized through false criminal cases. By quashing the FIR and charge sheet, the Court reaffirmed the necessity of genuine and timely complaints in criminal law. This judgment serves as an important precedent in preventing the misuse of legal provisions for personal vendetta.

Petitioner Name: Shivendra Pratap Singh Thakur @ Banti.
Respondent Name: State of Chhattisgarh & Ors..
Judgment By: Justice B.R. Gavai, Justice Satish Chandra Sharma, Justice Sandeep Mehta.
Place Of Incident: Bilaspur, Chhattisgarh.
Judgment Date: 15-05-2024.

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