ORDER

This petition has been filed by the petitioner under Section 482 of Cr.P.C. for quashing the FIR and the subsequent proceedings lodged at Crime No.68/2022 dated 30/03/2022 at Police Station Sunera District Shajapur (M.P.) under Sections 294 and 153B of the IPC.

In brief, the facts giving rise to the present petition are that initially an FIR was lodged on 30/03/2022 under Section 294 and 153B of IPC at the instance of the complainant Mohan Singh Jadon, who has stated that he happens to be the Admin of a whatsapp group namely Bhajpa Mandal Panwadi having mobile number 9826838842 on which, on 29/03/2022 an audio clip was sent by some member of the whatsapp group, in which, it can be heard that the petitioner Ramprasad is having conversation with some Dhansingh and is also seems to be using inoperative language in respect of other casts namely Baniya, Bramhin and Thakur. In the aforesaid FIR, the petitioner has been made an accused, however, after the charge sheet was filed, Section 153A and 34 of IPC were also included and the person Vikram Singh from whose mobile number, the aforesaid audio clip was sent, was also made an accused.

The grievance of the petitioner is that the audio clip which has been made viral in the aforesaid whatsapp group was not sent by him and merely because he was having some private conversation with some other person in which he has also expressed is views privately and if the said person has recorded the conversation and posted it on any whatsapp group, it would not amount any overt act on the part of the petitioner and it cannot be said that the petitioner has committed any offence as alleged in the charge sheet. It is also submitted that none of the ingredients of Section 153A and 153B of IPC are made out against the petitioner as the conversation between the petitioner and the other person was purely private in nature. Hence, it is submitted that the petition be allowed and the FIR and subsequent proceedings be quashed.

Counsel for the objector, on the other hand has opposed the prayer and it is submitted that no case for interference is made out as even the petitioner had admitted that the voice in the audio clip was of the petitioner only.

Learned counsel for the respondent/State has also opposed the prayer.

Having considered the rival submissions and on perusal of the case diary as also the documents filed by the petitioner on record and the definition of Section 153A and 153B of IPC which reads as under:-

"153A. Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony.-(1) Whoever-

(a) by words, either spoken or written, or by signs or by visible representations or otherwise, promotes or attempts to promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or ill-will between different reliÂgious, racial, language or regional groups or castes or communiÂ​ties, or (b) commits any act which is prejudicial to the maintenance of harmony between different religious, racial, language or regional groups or castes or communities, and which disturbs or is likely to disturb the public tranquillity, [or]

(c) organizes any exercise, movement, drill or other similar activity intending that the participants in such activity shall use or be trained to use criminal force or violence or knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, or participates in such activity intending to use or be trained to use criminal force or violence or knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, against any religious, racial, language or regional group or caste or community and such activity for any reason whatsoever causes or is likely to cause fear or ala