Chambers of Ishaan Garg
Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054
+91 8851742417, +91 8800386163
Case Name: Deepak Kumar Shrivas v. State of Chhattisgarh
Citation : 2024 INSC 117.
February 19, 2024.
Supreme Court's Guidance on Police Vigilance in Unethical Transactions
1. Case Registration Caution
The Supreme Court advised police to exercise caution while registering cases involving unethical transactions where civil remedies are barred.
2. Overturning High Court Decision
The Bench set aside the High Court's decision, emphasizing the need for police vigilance in cases where unscrupulous conduct overshadows justice.
3. Suggestions for Police
Justice Vikram Nath stressed the importance of police vigilance in disputes involving unethical transactions between private parties.
4. Concern Over Resource Misallocation
The Court expressed concern over the diversion of valuable police resources to frivolous disputes.
5. Case Context
The Court's observations were made in the context of an FIR registered over the alleged failure of the appellant to secure a government job for the complainant.
6. Case Background
The case involved an enquiry report submitted by the SHO based on a complaint made by the appellant against respondent no.6.
7. Evidence Failure
When the SHO asked for relevant documents, call records, and recorded conversations, both parties failed to provide any such material.
8. FIR Registration and High Court's Decision
The FIR was registered against the appellant based on the enquiry report, and the High Court refused to quash the FIR.
9. Appeal to the Supreme Court
The appellant has assailed the High Court's order before the Supreme Court.
10. Appellant's Arguments
The appellant contended that the impugned FIR is a counterblast, maliciously lodged to prevent him from recovering the amount paid to respondent no.6.
11. State and Respondent No.6's Arguments
The State and respondent no.6 argued that the High Court correctly dismissed the petition.
12. Court's Observation
The court noted that the contract between the appellant and respondent no.6 for securing a job was unlawful.
13. Veracity of Claims
The court observed that the authenticity of the claims made by the parties requires closer scrutiny.
14. Police Vigilance in Unethical Transactions
The court suggested that the police should exercise heightened caution when dealing with disputes involving unethical transactions.
15. Criminal Proceedings with Malafide Intentions
The court observed that the criminal proceedings initiated by the appellant and respondent no.6 against each other were rife with mala fide intentions.
16. Court's View on FIR Lodging
The court expressed its view that criminal prosecution should not be allowed to continue if the FIR's objective is not for criminal prosecution and punishing the offender but for recovering money under coercion and pressure.
17. Appeal Allowed
In light of these observations, the court allowed the appeal and quashed the pending criminal proceedings against the appellant.
