ORDER

This application under Section 482 of Cr.P.C. has been filed seeking following relief(s):-

"It is, therefore, for the facts and reasons as stated above, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the first information report No.0468/2023, Under Section 153-A of Indian Penal Code registered at Police Station - Chhatarpur, District - Chhatarpur, FIR Dated 09.07.2023 against the applicant and proceeding incidental to it, in the interest of justice for the glory of justice, for just decision of the case and to secure the ends of justice.

AND/OR any other order or direction of an appropriate nature that this Hon'ble court may deem fit and proper in the circumstances of the case may kindly also be granted in favour of the Petitioner."

2. It is submitted by counsel for the applicant that an incident had taken place where one person in an inebriated condition peed on another person belonging to the reserved category. Applicant is a Folk singer and it is her moral duty to highlight such gruesome incidents and accordingly, she uploaded a message on her Twitter and Instagram account along with cartoon in which a person in semi-naked condition was seen peeing on another person who was sitting on the floor and one half Pant of yellowish brown (khakhi) colour was shown lying on the floor. It is submitted that since the applicant was being scolded as an Agent of other political parties, therefore she had mentioned that she is not afraid of any threat. It is submitted by counsel for the applicant that even if the entire allegations are accepted, still it is clear that no offence punishable under Section 153A of IPC is made out.

3. Per contra, application is vehemently opposed by counsel for the State. It is submitted that making a distasteful comment which may promote disharmony or feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities and which is prejudicial to the maintenance of harmony, would amount to an offence punishable under Section 153A of IPC. It is further submitted by counsel for the State that Supreme Court in the case of Amish Devgan Vs. Union of India and Ors. reported in AIR Online 2020 SC 930 has interpreted the provisions of Section 153A of IPC and has refused to quash the proceedings. It is further submitted by counsel for the State that the incident had escalated the tension and the State had also invoked the provisions of National Security Act and the person who in an inebriated condition had peed on another person belonging to the reserved category was detained under the National Security Act and even the Writ Petition challenging the preventive detention under National Security Act was dismissed.

4. Considered the submissions made by counsel for the parties.

5. Section 153A of IPC 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 religious, racial, language or regional groups or castes or communities, 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 l