FIR quashed under Section 528 BNSS as counter-blast to petitioner's prior complaint alleging outraging modesty, per Bhajan Lal Category 7, due to unexplained six-day delay and mala fide intent amid land dispute.

JUDGMENT :

Virender Singh, J.

Petitioner Reeta Hingmang has filed the present petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), for quashing of FIR No.93 of 2024, dated 27.05.2024, (hereinafter referred to as the FIR, in question) registered, under Sections 341, 504 and 506 of the Indian Penal Code (hereinafter referred to as the IPC’), with Police Station Shimla West, District Shimla, H.P., as well as, the proceedings resultant thereto.

2. According to the petitioner, she had lodged FIR No.87 of 2024, dated 22.05.2024, against respondent No.2, qua his alleged act of misbehaviour, physical assault, use of criminal force with intent to disrobe the petitioner and attempt to outrage her modesty, constituting cognizable offences punishable under Sections 354, 504, 506 and 509 of the IPC.

3. Petitioner has also reiterated the contents of FIR No.87 of 2024 and according to her, since, the matter was reported to Police Station Shimla West, by her, as such, the FIR, in question, has been got registered against her, by respondent No.2, as a counter blast thereto. Respondent No.2 has lodged FIR No.93 of 2024, on 27.5.2024, in collusion and connivance with one Bhupender Kalsaik and his wife, who, as per the petitioners, are her immediate neighbours and having land dispute with her father.

4. According to the petitioner, respondent No.2, has lodged FIR No.93 of 2024, maliciously and falsely, as a counter blast to the FIR, in question, lodged by the petitioner. FIR No.93 of 2024, dated 27.05.2025, is also the result of abetment made by Bhupinder Kalsaik, who is working as PSO in the Department of Language, Art and Culture and is having influence within the police department.

5. In addition to this, it has also been pleaded that bare reading of FIR No. 87 of 2024, does not disclose any offence and the same has been lodged with mala fide intent. In addition to this, the said FIR is also stated to be lodged with the intent to arm-twist and coerce the petitioner. The said FIR is also stated to be lodged after six days from the alleged incident and no explanation has been given in the FIR, in question.

6. On the basis of the above facts, the following substantive relief has been sought:-

(i) Quash FIR No.0093 of 2024, dated 27.05.2024, registered at Police Station Boileauganj West Shimla, District Shimla, H.P., under Sections 341, 504 and 506 of IPC, along with all consequential proceedings arising therefrom;

(ii) Pass any other or further orders as may be deemed just and proper in the interest of justice.”

7. When put to notice, respondent No.1-State has filed the status report, disclosing therein, that on 27.05.2024, respondent No.2, Rajinder Singh Thakur, moved a complaint, disclosing therein, that he is resident of Chamrog, Post Taradevi, Tehsil and District Shimla. On 21.05.2024, at about 9.30 p.m., when, he was on the way to his home, from his shop, near the house of Madan Singh Thakur, Rita Hingmang (petitioner) and other residents of Amrita Niwas, had restrained him to proceed further and given beatings to him with fist and kicks blow. When, the complainant prevented them to do so, then, they abused him and threatened him to eliminate. House of Rita Hingmang (petitioner) is stated to be situated about 100 meters away from the house of the complainant and she used to quarrel with him. The said incident was witnessed by Madan Singh Thakur, Suren