Patna High Court
ASHISH SAHAversusTHE STATE OF BIHAR
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The FIR dated 24-03-2019 is quashed as it was filed in a matter that is essentially a business dispute and lacks proper criminal cognizance.
Summary
The petitioner, Ashish Saha, filed an application seeking quashal of FIR No. 84/2019 dated 24-03-2019 registered at Bahadurganj Police Station for offences under various sections of the Indian Penal Code. The FIR alleged that the petitioner, along with four armed persons, had molested, restrained, intimidated, and damaged the vehicle of the complainant, Babita Kumari, in what the prosecution described as a criminal act. The petitioner contended that the case stemmed from a business dispute and that a prior FIR had exonerated him, rendering the present cognizance improper. The Court, relying on the Supreme Court’s decision in Pepsi Food Ltd. v. Special Judicial Magistrate (1998) 5 SCC 749, held that the FIR was not maintainable as it was essentially a civil dispute masquerading as a criminal case. Consequently, the Court allowed the petition and quashed the FIR.
Issues considered
- The appropriateness of quashing an FIR on the ground that the matter is a business dispute rather than a criminal offence
- Whether cognizance can be taken by the magistrate when the underlying complaint lacks criminal intent
- Application of the principle laid down in Pepsi Food Ltd. v. Special Judicial Magistrate regarding frivolous FIRs
Legislation cited
- Indian Penal Code — s. 323, 34, 341, 354, 384, 386, 427, 504, 506
Subjects
- quash FIR
- cognizance
- business dispute
- Indian Penal Code
- criminal procedure
- Supreme Court precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52362 of 2019
Arising Out of PS. Case No.-84 Year-2019 Thana- BAHADURGANJ District- Kishanganj
======================================================
ASHISH SAHA Son of Late Debesh Saha Resident of Block No.7, Flat
No.81,Arya Kumar Road, near Dinkar Chowk, opposite Priya Apartment,
Rajendra Nagar, P.S.-Kadamkuan, District-Patna.
... ... Petitioner/s
Versus
1. THE STATE OF BIHAR
2. Babita Kumari D/o Late Shashikant Mishra Resident of Village-Dumaria
Bhatha, P.S.-Kishanganj, District-Kishanganj.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar, Advocate
For the Opposite Party/s : Mr.Jharkhandi Upadhayaya, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 20-01-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. Despite valid service of notice, the O.P. No. 2 has
not appeared.
3. The present application has been filed by petitioner
for quashing the F.I.R. bearing Bahadurganj P.S. Case No.
84/2019 dated 24.03.2019 (G.R. No. 522/2019) registered for
the offences under Sections 341, 323, 354, 384, 386, 427, 504,
506/34 of I.P.C.
4. As per the prosecution case, Babita Kumari
complained of molestation, wrongful restraint, criminal
intimidation, and vehicle damage while travelling near
Patna High Court CR. MISC. No.52362 of 2019(4) dt.20-01-2026
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Bahadurganj. Five armed persons, including the petitioner,
allegedly stopped her vehicle, misbehaved, assaulted her
companions, threatened her with dire consequences, demanded
withdrawal of the case, damaged the vehicle and fled.
5. From perusal of the impugned order, it appears that
a cryptic and non-speaking order has been filed without
considering the allegations.
6. Considering the law laid down by the Hon’ble
Supreme Court in the case of Pepsi Food Limited and Anr. vs.
Special Judicial Magistrate and Ors. reported as (1998) 5
SCC 749 and in view of the fact that earlier an FIR was filed in
which the petitioner was exonerated and thereafter from the
complaint, cognizance has been taken. From the record, it
appears that it is basically a business dispute between the parties
and in my view, the cognizance order cannot be sustained.
7. Hence, this application stands allowed and the
F.I.R. bearing Bahadurganj P.S. Case No. 84/2019 dated
24.03.2019 is hereby quashed.
(Sandeep Kumar, J)
tusharika/-
U T
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