The present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 read with Section 482 of the Code of Criminal Procedure seeking quashment of FIR registered as Crime No.410/2019 at Police Station Kotwali, District Mandla for offences punishable under Sections 295-A , 153-A and 505(2) of the Indian Penal Code and all consequential criminal proceedings arising therefrom.

The facts, in brief, are that respondent No.2 Sonal Barman submitted a written complaint before Police Station Kotwali, Mandla alleging that the applicant along with other co-accused persons had uploaded, shared and circulated on social media platforms, particularly Facebook, a video relating to Hindu deities in a manner which allegedly hurt the religious sentiments of members of the Hindu community and had the potential to create disharmony between different groups. On the basis of the said complaint, FIR bearing Crime No.410/2019 was registered against the applicant and other accused persons for offences under Sections 295-A , 153-A and 505(2) IPC.

The applicant is a government employee serving as Constable (T.M.) in the Police Radio Department, Jabalpur. Consequent to the registration of the criminal case, departmental proceedings were initiated against him and a departmental charge-sheet was issued, a copy whereof has been filed as Annexure A-2. During pendency of the criminal proceedings, the applicant and respondent No.2 allegedly resolved their dispute amicably. Respondent No.2 submitted an affidavit and application stating that the matter had arisen due to misunderstanding and that he no longer desired to pursue the criminal proceedings against the applicant. The affidavit have been filed as Annexure A-3.

Learned counsel for the applicant submitted that the applicant has been falsely implicated and has not committed any offence as alleged in the FIR. It is contended that there is no direct evidence to establish that the applicant intentionally circulated or uploaded any objectionable material with a deliberate intention of outraging religious feelings or promoting enmity between communities. It is further argued that the material was allegedly shared from a mobile device and there is no legally admissible evidence connecting the applicant with the requisite criminal intent necessary to attract Sections 295-A , 153-A and 505(2) IPC.

It is also submitted that the complainant himself has entered into a compromise with the applicant and has filed an affidavit stating that the dispute arose due to misunderstanding and that he does not wish to continue with the proceedings. Reliance has been placed on Annexure A-3. Learned counsel submits that continuation of the proceedings would serve no useful purpose and would cause serious prejudice to the applicant, particularly because departmental proceedings are pending against him. It is argued that in view of the compromise and absence of any grievance on the part of the complainant, the FIR and consequential proceedings deserve to be quashed.

Learned Government Advocate opposed the petition. It is submitted that the offences alleged against the applicant are not private disputes between two individuals but offences affecting public order, communal harmony and religious sentiments. It is contended that offences under Sections 295-A , 153-A and 505(2) IPC have wider social ramifications and are committed against society at large. Therefore, even if the complainant has entered into a compromise with the applicant, such compromise by itself cannot be a ground for quashing the proceedings.It is further submitted that the investigation revealed prima facie material against the applicant and the truthfulness of the allegations is a matter to be tested during trial. Learned Government Advocate submits that the offences alleged are serious in nature and do not fall within the category of purely personal or private disputes where inherent powers can be exercis