Case Note & Summary
The petitioner, Jyothi R, filed a criminal petition seeking to quash an FIR registered against her under the BNS Act, 2023, for offences punishable under Sections 196(1)(a) and 299. The FIR was lodged by Respondent No. 2, a Police Inspector, on 11.09.2025, following an incident during a Ganapati procession on 07.09.2025, where rioters allegedly pelted stones, disturbing the celebration. The complaint described the petitioner as a member of the Vokkaliga community, working at a petrol bunk, and residing in Maddur. It accused her of making statements intended to hurt religious and caste sentiments, leading to unrest. The petitioner contended that the allegations were baseless and lacked evidence of intent. The court analyzed the complaint and found that the statements attributed to the petitioner did not demonstrate a clear intention to incite religious sentiments. Consequently, the court quashed the FIR, emphasizing the need for substantial evidence to support such serious allegations. The decision underscored the importance of protecting individuals from unfounded criminal charges that could infringe on their rights.
Headnote
A) Criminal Law - Quashing of FIR - Grounds for Quashing - Criminal Procedure Code, 1973, Section 482 - The petitioner sought to quash the FIR alleging offences under the BNS Act, claiming lack of intent to hurt religious sentiments. The court found that the allegations did not substantiate the claim of intent, leading to the quashing of the FIR. Held that the FIR was quashed due to insufficient evidence (Paras 1-2).
Issue of Consideration
Whether the FIR against the petitioner for offences under the BNS Act should be quashed.
Final Decision
The court quashed the FIR against the petitioner, finding insufficient evidence to support the allegations of intent to hurt religious sentiments.
Law Points
- Quashing of FIR
- Criminal Procedure Code
- 1973
- BNS Act
- 2023
- Sections 196(1)(a)
- 299
