The court held that an FIR should not be quashed if it discloses sufficient grounds for a cognizable offence, emphasizing the limitations on quashing powers at early stages.

Per Ramesh Sinha , Chief Justice

26.06.2025

1. Heard Mr. Sanjay Agrawal, learned counsel for the petitioner as well as Mr. Shailendra Sharma, learned Panel Lawyer, appearing for the State/respondent No.1.

2. The present petition under Section 528 of the Bhartiya Nagarik Suraksha Sanhita , 2023 (for short, ‘BNSS’) has been filed by the petitioner with the following prayers :-

“i. This Hon'ble Court may kindly be pleased to quash/set-aside the impugned first information report (F.I.R.) No. 20/2025 registered at Police Station Khairagarh District-Khairagarh - Chhuikhadan-Gandai (C.G.) dated 15/01/2025 for offences under section 69, 64 (2) (m) of the Bharatiya Nyaya Sanhita, 2023, in the interest of justice.

ii. This Hon'ble Court may kindly be pleased to quash/set-aside No.30/2025 the entire dated 07/03/2025 Chargesheet filed under section 69, 64 (2) (m), 70 (1) of the Bharatiya Nyaya Sanhita 2023,against the present applicant, in the interest of justice.

iii. This Hon'ble Court may kindly be pleased to quash/set-aside the order taking cognizance dated 23/05/2025 by the Learned Additional Session Judge, Khairagarh District-Khairagarh - Chhuikhadan- Gandai (C.G.)

iv. This Hon'ble Court may kindly be pleased to quash/set-aside the entire criminal proceedings of the Session Trial No. 18/2025 (State of C.G. vs Rishiraj Kumar Shukla and another pending before the Additional Session Judge Khairagarh District- Khairagarh -

Chhuikhadan- Gandai (C.G.), in the interest of justice.”

3. Prosecution story, in brief, is that the Non-Applicant No. 2/ victim lodged written typed complaint on 15.01.2025 alleging that she met the petitioner in the year 2022 during perusing their education at Indira Kala Sangeet Vishwavidyalaya, Khairagarh on her birthday, the Applicant took the victim at his rental house situated at Chinta Lal Chall Dauchaura on the pretext of marriage committed sexual intercourse with her, it is further alleged that in the month of September, 2024 the applicant called the victim at Assam and committed sexual intercourse at the hotel, thereafter he denied marrying the victim, therefore, FIR was registered for offences under section 69, 64 (2) (m) of BNS, 2023 against the Applicant. On the same day i.e., 15.01.2025 the statement of the victim under section 180 of BNSS, 2023 (161 of Cr.P.C.) was recorded in which she maintained her version.

4. Subsequently, on 17.01.2025 the statement under Section 183 of BNSS, 2023 (164 of Cr.P.C.) was recorded before learned Magistrate, wherein she changed her version and narrated that once when she was at the house of the petitioner, then his friend co-accused namely Santosh Kumar alongwith the petitioner mixed something in her drink and the co-accused on the next day evening told her that that he committed sexual intercourse with her, therefore the name of the co-accused/Santosh Kumar was also added in the chargesheet and further offence under section 70 (1) of BNS, 2023 was newly added, and chargesheet was filed under Section 69 , 64 (2) (m) and 70 (1) against the petitioner and the co- accused on 07.03.2025 and thereafter, order taking cognizance has been passed on 23.05.2025. Hence, this petition.

5. Learned counsel for the petitioner vehemently argued that initially the FIR was lodged against the petitioner on 15.01.2025 for offence under Sections 69 , 64 (2) (m) of BNS, 2023 on the basis of allegation that he established physical relationship with the victim on the pretext of marriage and on the same day i.e., 15.01.2025 the statement of the victim under section 180 of BNSS, 2023 (161 of Cr.P.C.) was recorded in which she maintained her version, but subseque