The court affirmed that FIRs containing legitimate allegations warranting investigation cannot be quashed unless no offence is disclosed or there is an abuse of process.

ORDER :

Ashok Kumar Jain, J.

1. These two criminal miscellaneous petitions under Section 528 of Bharatiya Nyayik Suraksha Sanhita, 2023, (hereinafter referred to as ‘ BNSS ’), were filed by the petitioners for quashing FIR No. 35/2025 registered at Police Station, Railway Colony, Kota City on 27.01.2025 and FIR No. 104/2025 registered at P.S. Gumanpura District, Kota City on 12.02.2025. Since these matters pertain to common parties, therefore, they are tagged together and, after order dated 15.09.2025 by Hon’ble Supreme Court passed in SLP (Criminal) Diary No. 43573/2025 and connected matters, are specifically assigned to this Bench.

2. During pendency of the petition, one of the petitioner(s), Shekhar Mewara, in S.B. Criminal Miscellaneous Petition No. 2669/2025, has withdrawn himself, filed to quash FIR No. 104/2025 registered at Police Station, Gumanpura, District, Kota City, and now only Kailash Ram, who is also named as an accused in the said FIR, is contesting the present miscellaneous petition.

3. Learned Public Prosecutor has placed on record report dated 08.12.2025 filed by the Additional S.P, District Bundi, and submitted that:-

(i) In FIR No. 104/2025 under Sections 232(1), 308(6), 111(2)(b), 111(3), 111(4), 61(2)(a) of BNS , 2023 at P.S. Gumanpura District, Kota City, the matter was investigated initially by P.S. Gumanpura, but later by the Additional SP, CID, (CB), Rajasthan, Jaipur, and after investigation it was found that there was mistake of fact, therefore, proposed closure of the investigation and drawn an FR No. 182/2025 on 24.11.2025, and the same is filed in the Court of Additional Chief Judicial Magistrate No. 6, Kota City on 06.12.2025.

(ii) In FIR No. 35/2025 under Sections 308 (2), 352(2), 352 of BNS 2023 registered at P.S. Railway Colony, Kota City, initially the investigation was conducted by Police Station Railway Colony, but later the same was transferred to the Additional SP, CID, (CB), Rajasthan, Jaipur. After investigation, it was found that there was a mistake of fact and proposed a closure report. On basis of closure report FR No. 81/2025 dated 24.11.2025 is drawn and filed in the Court of Additional Chief Judicial Magistrate No.1, Kota City on 06.12.2025.

4. The aforementioned facts clearly indicate that during pendency of these petitions, the criminal cases were investigated by the police and, after concluding investigation, closure reports were filed, meaning thereby there is no threat to the petitioner(s) for any coercive action by the police. In such circumstances, we are considering these miscellaneous petitions for quashing of both the FIRs.

5. Learned counsel for petitioner, while placing reliance upon judgment in case of — R.K. Kapur Vs. The State of Punjab 1960 AIR 862 , State of Haryana and Ors. Vs. Bhajan Lal and Ors. 1992 Supp (1) SCC 335, The State of Telangana Vs. Habib Abdullah Jeelani and Ors. Criminal Appeal No. 1144 of 2016, Dineshbhai Chandubhau Patel Vs. State of Gujarat and Ors. arising out of SLP (Crl) No. 5155 of 2017, Dr. Dhruvaram Murlidhar Sonar Vs. The State of Maharashtra and Ors. Criminal Appeal No. 1443 of 2018, Central Bureau of Investigation Vs. Arvind Khanna Criminal Appeal No. 1572 of 2018, Miss XYZ Vs. State of Gujrat and Anr. Criminal Appeal No. 1619 of 2019, The State of Telangana Vs. Sri Managipet @ Mangipet Sarveshwar Reddy , Criminal Appeal No. 1662/2019, Ravuri Krihna Murthy Vs. The State of Telangana and Ors. M/s Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra