Chhattisgarh High Court Denies Quashing of FIR in Corruption Case Involving Government Officials

Allegations of fraud and illegal gratification persist as court emphasizes public interest over private settlements.

In a significant ruling, the Chhattisgarh High Court, on September 10, 2025, refused to quash an FIR registered against Khorbahara Dhruw, a clerk at Government Higher Secondary School, Borid, District Gariyaband, for alleged corruption and abuse of official position. The court underscored the importance of allowing investigations into cognizable offences involving moral turpitude and corruption to proceed, despite an attempted settlement between the parties without a written compromise.

The case emerged from a complaint filed by Smt. Bishakha Bai Kanwar, who accused Dhruw and a co-accused, Mohammad Majhar Khan, of demanding illegal gratification for processing her deceased husband's pension and retiral dues. The FIR, originally lodged under Sections 318(4), 61(2), and 3(5) of the Bharatiya Nyaya Sanhita, 2023, was later expanded to include Sections 338, 336(3), and 340(2) following further investigation.

Despite the complainant's application under Section 359(2)(8) of the Bharatiya Nagarik Suraksha Sanhita, seeking to quash the FIR based on an alleged amicable settlement, the court maintained that such offences cannot be quashed merely on grounds of private settlements, particularly in the absence of a written compromise. The bench, comprising Chief Justice Shri Ramesh Sinha and Justice Bibhu Datta Guru, emphasized that allegations involving corruption have wider societal ramifications and must be addressed through thorough legal proceedings.

The court referenced landmark judgments such as State of Haryana v. Bhajan Lal and State of M.P. v. Laxmi Narayan, which affirm the necessity of allowing investigations into cognizable offences to reach their logical conclusions. The ruling serves as a reminder that public interest and integrity in governance must take precedence over private negotiations in cases of alleged corruption and fraud.

Bottom Line:

FIR disclosing cognizable offences involving moral turpitude, corruption, or abuse of official position cannot be quashed merely on the ground of settlement between parties, particularly when no written compromise is entered. 

Statutory provision(s): Bharatiya Nyaya Sanhita, 2023 Sections 318(4), 61(2), 338, 336(3), 340(2), 3(5), 528, 359(2)(8)

Khorbahara Dhruw v. State of Chhattisgarh, (Chhattisgarh)(DB) : Law Finder Doc Id # 2779472