ABHIRAL DUBEY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition has been filed for invoking inherent powers under Sec. 482 of the Code of Criminal Procedure for quashment of FIR bearing crime No.232/2025 dtd. 26/5/2025 and entire charge sheet for commission of offence punishable under Ss. 296, 351(3) and 3(5)of BNS, 2023, against the petitioners.

(2.) As per the prosecution story the respondent no.2 lodged an FIR alleging that on 25/5/2025, the petitioners approached at her cafe at around 6. 30 P.M. where the meeting on water related issued of the society was being held and the petitioners started hurling abusive words. It is also mentioned in the FIR that the petitioners threatened her that they would take her life. On the basis of FIR, aforesaid offence has been registered.

(3.) It is submitted by counsel for the petitioners that petitioners and respondent No.2 entered into heated argument regarding their old grudges and respondent No.2 in order to take revenge, lodged the false FIR against the petitioners lodged. It is further submitted that on perusal of the contents of the FIR and statements recorded by the police, no offence has been made out against the respondent. Even if the allegations are taken as it is, there are no material in the FIR or the charge sheet to make out the essential ingredients of the offence under Sec. 296 of BNS (sec. 294 of IPC). In support of his contention learned counsel for the petitioners have relied on the decision of the Hon'ble Supreme Court in the case of Amit Ashok Jagdale v. State of Maharashtra : 2025 SCC Online Bom 3323.