FIR for unlawful assembly and wrongful restraint during road-blocking protest to pressure police not quashed as allegations disclose prima facie offence; no mini-trial at quashing stage despite right to peaceful protest.

JUDGMENT :

Rakesh Kainthla, J.

The petitioners have filed the present petition for quashing of FIR No. 489 of 2018, dated 13.10.2018, registered at Police Station Una Sadar, District Una, H.P., for the commission of offences punishable under Sections 341 and 143 of the Indian Penal Code (IPC).

2. Briefly stated, the facts giving rise to the present petition are that the police received information on 12.10.2018 that one person had committed suicide. The police reached the spot and found that one person had hanged himself at a distance of 100 meters from the road. He was identified as Naresh Kumar @ Sumit. The dead body was being taken to Regional Hospital, Una when Nikhil, his brother-in-law and other villagers started shouting slogans against the police. They kept the dead body in the middle of the red light chowk. The petitioner Satpal Raizada, Sharma property dealer, Navdeep Kashyap and other persons started shouting slogans against the police. The vehicle bearing registration No. HP-72-2787, PB11CP-4384 and CH03W-0343 were parked in the middle of the road, and the traffic was stalled till 1:00 PM. The police registered the FIR and investigated the matter.

3. Being aggrieved by the registration of the FIR, the petitioners have filed the present petition, asserting that the people of the area gathered to pressurise the police and peacefully portray their distress. The discontent from the public was demonstrated peacefully, and there was no violation or damage to the public or personal property. The traffic police had also lodged FIR No. 489 of 2018 dated 13.10.2018 for the commission of offences punishable under Sections 341 and 143 of the IPC. The petitioners were not part of the agitation, and no evidence was brought against them. The petitioners have not committed any offence, and they are being harassed unnecessarily. FIR No. 493 of 2018 dated 15.10.2018 was quashed by the Court in Cr.MP(M) 320/2021 qua the petitioners. Other FIRs of identical allegations were quashed against Dheeraj Sharma and Tej Pal in Cr.MMO No. 970 of 2022, and Cr.MMO No.656 of 2022, respectively. The case set up against the petitioners is wholly unfounded, misconceived and bereft of any substance. Therefore, it was prayed that the present petition be allowed and FIR No. 489 of 2018 and consequential proceedings arising out of it be quashed.

4. Mr Sarthak Mehta, learned counsel for the petitioners, has submitted that the Court had quashed the FIR No. 489 of 2018 qua Rahul Sharma in CrMMO No. 395 of 2025, decided on 26.05.2023. The Court had also quashed the FIR 493 dated 15.10.2018 against Nishant Menon in Cr.MP(M) No. 320 of 2021. The right to peacefully demonstrate is a constitutional right of a person, and the FIR was wrongly registered against the petitioners; therefore, it was prayed that the present petition be allowed and the FIR No. 489/2018 be quashed qua the petitioners.

5. I have given considerable thought to the submissions made at the bar and have gone through the records carefully.

6. The law relating to quashing of FIR was explained by the Hon’ble Supreme Court in B.N. John v. State of U.P. , 2025 SCC OnLine SC 7 as under: -

“7. As far as the quashing of criminal cases is concerned, it is now more or less well settled a