Quashing of an FIR is an exception, reserved for rare cases, and the mere fact of being a woman does not negate probable involvement in a criminal offence under Bharatiya Nyaya Sanhita, 2023.

ORDER :

HASMUKH D. SUTHAR, J.

1) Rule. Learned APP waives service of notice of Rule for the respondent No.1 – State.

2) By way of the present petition, the petitioner is seeking following reliefs:

“(b) Your Lordships may be pleased to quash and set aside the impugned First Information Report registered as C.R.No.11195007250258/2025 dated 19.04.2025 with Bhabhar Police Station, District: Banaskantha (Annexure-A);

(c) Pending hearing and final disposal of the present petition, Your Lordships may be pleased to stay further proceedings in respect of the First Information Report registered as C.R.No.11195007250258/2025 dated 19.04.2025 with Bhabhar Police Station, District: Banaskantha (Annexure-A);

(d) An ex-parte ad interim relief in terms of prayer (C) above may kindly be granted;

3) Heard learned advocates for the respective parties.

4) Learned advocate for the petitioner has submitted that present petitioner is a lady and with ulterior motive she is arraigned as an accused no.12. The allegations against the petitioner if taken to be true and correct then also no offence is made out and no role is attributed to her. The petitioner had not participated in the commission of offence and allegations are vague and ill- motivated. There is no overt act attributed to the present petitioner and even she do not have any past antecedents. He has further submitted that the petitioner has not used any deadly weapon and no recovery or seizure from the present petitioner and no eye-witness or material is collected against the petitioner. Hence, he has requested to quash and set aside the impugned FIR against the present petitioner as she is falsely enroped in the offence.

5) Learned APP has vehemently opposed the present petition on the ground that the petitioner is named in the FIR as accused no.12. The accused persons by hatching unlawful assembly went to the house of the complainant and they were aggressor. When they started hurling abusive language to the complainant at his home, at that time, they restricted the accused not to hurl abusive language but at that time as the accused persons were armed with deadly weapons they started assaulting and accused no.2 got instigated and assaulted by iron tommy on the head of the complainant. Further, when the daughter of the complainant intervened at that time the present petitioner and other co- accused caught hold her and they have also started assault on complainant and witnesses by kick and fist blows and sticks. Prima facie involvement of the petitioner is there and merely the petitioner being a lady is not a ground to quash the impugned complaint. The incident took place on 18.04.2025 and the investigation is in progress. The anticipatory bail of the present petitioner was also dismissed and successive application was also refused. Hence, requested to dismiss the present petition as investigation is at nascent stage.

6) Having heard the learned Advocates for the respective parties and having gone through the documents on record, it is worth to mention that the petitioner is arraigned as an accused no.12. The impugned complaint is filed on 19.04.2025 for the offences punishable under Sections 189(2), 191(2), 191(3), 190, 115(2), 118(1), 118(2), 296(b) and 351(3) of the Bharatiya Nyaya Sanhita, 2023 and under Section 135 of the GP Act, and the alleged incident took place on 18.04.2025 at 19:45 Hours and information received on 19.04.2025 at 17:00 Hours.

7) Perusing the record it appears that the investigation is going on and allegations against the present petitioner is that the petitioner along with co-accused by hatching unlawful assembly went to the house of