Case Note & Summary
The case involved a Criminal Writ Petition filed by an Advocate seeking to quash an FIR registered against her under various sections of the Bharatiya Nyaya Sanhita, 2023. The Petitioner was named Accused No. 3 in the FIR, which arose from a dispute involving Respondent No. 2 and another accused, stemming from ongoing domestic violence proceedings initiated by Manjali Gadekar against Respondent No. 2. The FIR was lodged following an altercation that occurred on 04.02.2026, where the Petitioner was present to provide moral support to her client, Manjali Gadekar. The Petitioner argued that her presence was justified and that the allegations were an attempt to pressure her as an Advocate. The Respondents contended that the Petitioner should not have been present at the shared household given the animosity between the parties. The Court analyzed the FIR and the chargesheet, ultimately concluding that the allegations did not satisfy the legal requirements for a cognizable offence against the Petitioner. The Court emphasized the role of lawyers and the need for discretion in their professional conduct. Consequently, the Court quashed the FIR and all related proceedings against the Petitioner, ruling in her favor and ensuring that she would not face criminal charges in relation to the dispute involving her client.
Headnote
A) Criminal Law - Quashing of FIR - No Cognizable Offence Established - Article 226 of the Constitution of India, Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 - The Court found that the FIR did not disclose any cognizable offence against the Petitioner, an Advocate, and thus quashed the FIR and subsequent proceedings. Held that the presence of the Advocate at the disputed site did not constitute a cognizable offence (Paras 20-22).
Issue of Consideration
Whether the FIR against the Petitioner discloses a cognizable offence.
Final Decision
The Court allowed the Petition, quashed the FIR No. 25 of 2026, Chargesheet No. 34 of 2026, and all subsequent criminal proceedings against the Petitioner.
Law Points
- Quashing of FIR
- Article 226
- Section 528
- Bharatiya Nyaya Sanhita
- 2023
- Protection of Women from Domestic Violence Act
- 2005
