Facts of the Case

Two connected criminal writ petitions were filed before the Chhattisgarh High Court — WPCR No. 81 of 2025 by Dr. Urvashi Phuljhale and WPCR No. 120 of 2025 by Dr. Pravin Rustam Rao Borde — against the State of Chhattisgarh and private respondent Smt. Vinita Jha, seeking to quash an FIR (Crime No. 0462/2023 dated 12.10.2023) and consequential criminal proceedings registered under Section 420 IPC and Section 4 of the Chhattisgarh Rajya Upcharya Grih Tatha Rogopchar Sambandhi Sthapnayein Anugyapan Adhiniyam, 2010 (the state's Nursing Home Regulation Act). This is a criminal-law quashing petition concerning alleged cheating in a nursing-home-related business dispute, with no GST-law content.

Issues Involved

  1. Whether the FIR and subsequent criminal proceedings ought to be quashed on the ground that the underlying dispute between the parties was essentially civil in nature.

Petitioner's Arguments

  • Contended that the dispute between the parties arose from an agreement and was civil in nature, already the subject matter of a civil suit filed by the private respondents, and that continuation of criminal proceedings on the same facts was not justified.

Respondent's Arguments

  • The private respondent (complainant) opposed quashing, presumably maintaining that the allegations disclosed a criminal offence warranting investigation and trial.

Court Order / Findings

  • On perusal of the FIR, found that the dispute between the parties was not of a civil nature relatable to an agreement that could well be decided by the competent civil court, for which the private respondents had already filed a civil suit; held that registration of the FIR and consequential criminal proceedings did not appear justified.
  • Quashed the FIR (Crime No. 0462/2023), the final report (No. 7/2025), the Magistrate's order dated 27.01.2025, and consequential proceedings insofar as they related to the petitioners.
  • Allowed both petitions, with no order as to costs.

Important Clarification

This decision concerns the standard legal principle distinguishing civil disputes from criminal offences, applied to a nursing-home business/agreement dispute between doctors. It has no connection whatsoever to GST law.

Sections Involved

  • Section 420, Indian Penal Code, 1860 — cheating
  • Section 4, Chhattisgarh Rajya Upcharya Grih Tatha Rogopchar Sambandhi Sthapnayein Anugyapan Adhiniyam, 2010 — Nursing Home licensing law
  • Section 482, Code of Criminal Procedure, 1973 (implicit basis for quashing petition)

Decision – In Favour of

The petitioners (Dr. Urvashi Phuljhale and Dr. Pravin Rustam Rao Borde) — both petitions allowed and the FIR/criminal proceedings quashed as being essentially civil in nature; this outcome has no GST-law relevance.

Case Details

High Court of Chhattisgarh at Bilaspur; WPCR No. 81 of 2025 with WPCR No. 120 of 2025; Neutral Citation: 2026:CGHC:18100-DB; Coram: Hon'ble Shri Justice Ravindra Kumar Agrawal and Hon'ble Shri Ramesh Sinha, Chief Justice.

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