To establish an offence under Section 295A of the IPC, there must be deliberate and malicious intent to outrage religious feelings, which was not evident in the petitioner's discourse.

Judgment

Mrs. Manjari Nehru Kaul, J.:- The petitioner has invoked the inherent jurisdiction of this Court under Section 482 of the Cr.P.C. for quashing of FIR No.17 dated 07.03.2023 registered at Police Station Patara, District Jalandhar Rural under Section 295A of the IPC and all consequential proceedings arising therefrom.

Submissions on behalf of the petitioner:-

2. Learned senior counsel for the petitioner, while praying for quashing of the FIR in question, submits as under:-

2.1 that a minute and comprehensive perusal of the FIR in question unequivocally reveals that the essential ingredient for attracting the mischief of an offence under Section 295A of the IPC is conspicuously absent in the case in hand;

2.2 that the petitioner is a religious preacher, who has been organising a number of “Satsangs” to address his followers, primarily aimed at delivering spiritual discourses to his congregation. On 28.02.2016, during one such “Satsang”, the petitioner had delivered a discourse, the central theme of which was the sacred and venerable relationship between a spiritual master and his disciples. In the course of the said discourse, the petitioner illuminated the significance of unwavering faith that a disciple must place in his spiritual master, drawing upon timeless wisdom and examples from various revered historical texts. Pertinently, while elucidating this spiritual tenet, the petitioner provided an illustrative incident involving Sant Kabir Das and Guru Ravidas, which forms the core of the FIR in question, and has distressed the complainant;

2.3 that the necessary ingredients to constitute an offence under Section 295A of the IPC, are: intent to outrage religious feelings and a deliberate malicious intent to insult the religious beliefs of a particular community. In the present case, however, on a careful examination of the discourse in question, delivered by the petitioner, and the example drawn by him from the lives of Sant Kabir Das and Guru Ravidas reveals that it was intended to foster spiritual understanding and deepen the faith of the disciples in their spiritual masters. Hence, there was no malice much less intent to outrage the religious feelings of any person, or any community in particular. Throughout the alleged discourse, no derogatory remarks were made by the petitioner regarding the revered names of Sant Kabir Das and Guru Ravidas. On the contrary, both these venerable figures were consistently addressed with utmost respect. Significantly the intention of the petitioner was solely directed towards upliftment and enlightenment of his followers as opposed to any form of religious insults;

2.4 that the contents of the discourse which have been reproduced along with transcript of discourse as well as video annexed by way of a Pen Drive, as Annexure P-2, reveal that the underlying message conveyed at the conclusion of the narrative concerning the life of Sant Kabir Das was one of deep reverence and admiration; rather it depicted Sant Kabir Das as a visionary and the message implied that his disciples regretted not having placed full faith in their spiritual master. While further drawing the attention of this Court to Annexure P-1, it has been asserted that the complainant had intentionally omitted crucial facts