The court held that an FIR cannot be quashed unless the allegations do not prima facie constitute an offence, emphasizing the need for caution in exercising such jurisdiction.

Order on Board

Per Ramesh Sinha , Chief Justice

24.03.2025

1. Heard Mr. Dharmesh Shrivastava, learned counsel for the petitioner. Also heard Mr. Hariom Rai, learned Panel Lawyer, appearing for respondents No. 1 & 2/State.

2. The present petition has been filed by the petitioner with the following prayer:

“It is, therefore, most humbly and respectfully prayed before this Hon’ble Court that the application filed by the applicant may kindly be allowed and the Hon’ble Court may further be pleased to set-aside/quash the first information report bearing Crime No. 09 of 2025 registered in Police Station – Mahila Thana, Kawardha, District Kabirdham (C.G.) for the offence punishable under Sections 64(2)(m) and 81 of Bhartiya Nyaya Sanhita, 2023 and the present applicant may kindly be discharged, in the interest of justice.”

3. Brief facts of the case are that the victim/complainant/respondent No. 2 lodged a report in Police Station Mahila Thana Kawardha, District - Kabirdham (C.G.) on 03.02.2025 alleging inter-alia that she acquainted with the present applicant since her childhood. It is alleged that the present applicant is working in CRPF and posted at Avantikapur Pulwama. It is further alleged that in the month of July, 2023, she came into contact with the present applicant and thereafter, she started conversation with him through mobile phone. On 22.11.2023, the present applicant performed marriage with the victim in Siddhi Mata Mandir at Bemetara in presence of her two friends and thereafter, made physical relationship with her in the rental house of the victim. It is further alleged that in the month of December, 2023, the present applicant called the victim to Kashi Vishvanath where she was taken to Alkanda Hotel and the present applicant made physical relationship with her. Thereafter, on 20.12.2023, the present applicant again performed marriage with her on the Bank of holy river Ganga in Kashi Vishwanath and told her that in the month of March when he came on leave then perform Court marriage with her. It is further alleged that in the month of March, the present applicant came to village on leave and on request of marriage by the victim, the present applicant started procrastinating. The victim disclosed her through mobile phone regarding her pregnancy then the present applicant abused her told for abortion. On 20.10.2024, the victim went to Rupjeevan Hospital as she was having bleeding, she was disclosed by the Doctor that there is a miscarriage. It is further alleged that the present applicant stopped conversation with the victim and as and when he come on mobile phone then the victim was misbehaved by the present applicant as he started abusing her and refused to Court marriage with her. On the basis of written report lodged by the victim, the Police registered an offence bearing Crime No. 09 of 2025 for the offence punishable under Sections 64(2)(m), 81 of Bharatiya Nyaya Sanhita, 2023 (for short, ‘BNS’) and investigation was initiated. The charge-sheet is yet to be filed and matter is being investigated by the Police Station Mahila Thana Kawardha, District Kabirdham (C.G.).

4. Learned counsel for the applicant submits that the Police of Police Station Mahila Thana, Kawardha, District Kabirdham (C.G.) erred in lodging FIR bearing Crime No. 09 of 2025 for the offence punishable under Sections 64(2)(m), 81 of the BNS against the present applicant as no offence of rape would be made out against him. He also submits that even if the entire case of the prosecution is taken as it is no offence under Section 64(2)(m) of the BNS would be made out on plain reading of the FIR. The FIR is nothing, but abuse of the process of law, therefore, the present applicant is deserved to be discharged and the FIR report bearing Crime No. 09 of 2025 is liable to be quashed.

5. It is further submitted by the learned counsel for the applicant that the allegation made in the FIR do not prima facie constitute any offence or make out a case under Section 6