Case Note & Summary
The petitioners, accused Nos.1 to 3, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 528 of the Bharatiya Nyaya Sanhita, 2023, seeking quashing of FIR No.177/2026 registered by Rajarajeshwari Nagar Police Station, Bengaluru, for offences punishable under Section 106(1) of BNS, 2023. The FIR was lodged on 27.05.2026 by respondent No.2, Sonu Machwar, alleging that the petitioners had committed murder. The petitioners contended that the FIR did not disclose any overt act or common intention on their part and that they were falsely implicated. The High Court, after hearing the parties, held that the allegations in the FIR, even if taken at face value, did not make out a prima facie case against the petitioners. The court observed that mere presence at the scene of crime without any specific role or common intention does not attract the offence of murder under Section 106(1) BNS. Consequently, the court quashed the FIR insofar as it related to the petitioners, holding that continuation of the proceedings would be an abuse of the process of law.
Headnote
A) Criminal Procedure - Quashing of FIR - Section 528 BNS, 2023 - Inherent Powers - Petitioners sought quashing of FIR registered for murder under Section 106(1) BNS, 2023 - Court examined whether allegations prima facie disclose commission of offence - Held that where FIR does not disclose any overt act or common intention, continuation of proceedings amounts to abuse of process of law (Paras 1-3).
Issue of Consideration
Whether the FIR registered against the petitioners for offences punishable under Section 106(1) of Bharatiya Nyaya Sanhita, 2023, deserves to be quashed for lack of prima facie material.
Final Decision
The writ petition is allowed. FIR No.177/2026 registered by Rajarajeshwari Nagar Police Station, Bengaluru, for offences punishable under Section 106(1) of Bharatiya Nyaya Sanhita, 2023, is quashed insofar as it relates to petitioners/accused Nos.1 to 3.
Law Points
- Quashing of FIR
- Lack of prima facie case
- Section 106(1) BNS
- 2023
- Common intention
- Overt act
- Abuse of process of law
