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Quashes FIR Against Protesters Who Helped Save Teachers
In a significant ruling, the has quashed the FIR against a group of protesters who participated in a march against sexual harassment but actively tried to save teachers from a violent mob. Justice Sandeep Sharma held that mere participation in a protest does not automatically make a person a member of an under , especially when the accused dissociated themselves from the violence and assisted the victims.
The Protest and the FIR
The case originated from a protest march on , at , following allegations of sexual harassment of a female student by a teacher. While the demonstration was initially peaceful, some members turned violent and assaulted several teachers, including Bhawani Sharma, Kesari Singh, Chatar Singh, and Asha Kumari. The school’s officiating principal, Rajdeen, lodged a complaint leading to FIR No. 82/2017 at under Sections 452, 353, 332, 143, 147, 149, 504, and 506 against multiple persons, including Dildar Ali Batt, Parvej Ali Batt, and Hasan Mohammad @ Harun.
Petitioners' Plea: 'We Tried to Stop the Violence'
The petitioners sought quashing of the FIR under (corresponding to ). They argued that while they were part of the protest march, they never assaulted anyone. Notably, the complainant himself stated that Dildar Ali Batt and Parvej Ali Batt were standing next to the Sub-Divisional Magistrate and attempted to save the teachers. Medical evidence and victim statements did not name these petitioners as assailants. Petitioner no. 3, Hasan Mohammad @ Harun, was not even mentioned in the complaint or witness accounts.
The State opposed the petition, contending that since the petitioners were part of the mob that caused the ruckus, their presence justified the charges, and the trial should proceed.
Legal Tests for Quashing
The High Court reviewed the settled principles for quashing criminal proceedings under . Relying on State of Karnataka v. L. Muniswamy (1977) and State of Haryana v. Bhajan Lal (1992), Justice Sharma observed that proceedings can be quashed if continuing them would be an or where the allegations, even if taken at face value, do not make out an offence. More recently, the in Abhishek Singh v. Ajay Kumar (2025) reiterated that the High Court must only see if a prima facie case exists, not weigh evidence.
Applying these tests, the court focused on the concept of under . It emphasized that at the scene does not suffice; the accused must share the 's .
Distinguishing Peaceful Protesters from Violent Mob
The judgment extensively quoted the ’s recent decision in
Zainul v. State of Bihar
(2025), which clarified that an cannot be deemed a member of an unless they share the . The court also invoked
Charan Singh v. State of U.P.
(2004) to note that
"
in an
cannot render a person liable unless there was a
and he was actuated by that
."
Applying this, Justice Sharma found that the petitioners, after witnessing the violence, separated themselves from the mob and actively tried to protect the teachers. The complainant’s own statement confirmed this. Thus, they lacked the requisite to be held vicariously liable.
Key Observations
“Since petitioners herein, after having seen conduct of some of the persons, who allegedly gave beatings to the teachers, separated them from the march and attempted to save the teachers from beatings … they cannot be said to be a part of .”
“ at the crime scene would not render a person member of the to book him under . Liability would shift to the bystander only when he shared the with the .”
The court also noted that the word "knew" in the second part of Section 149 implies , not mere possibility, and there was no evidence that the petitioners knew some protesters intended to assault teachers.
Final Decision
The High Court quashed FIR No. 82/2017 and all consequential proceedings only against the three petitioners . It found that the chances of conviction were very bleak and continuing the trial would be an unnecessary ordeal. The petition was allowed and disposed of.
Implications of the Ruling
This judgment serves as a crucial reminder that protest participants who act responsibly and help maintain peace cannot be automatically lumped together with violent elements. It reinforces the principle that criminal liability under requires a demonstrable connection to the of an , not . For lawyers and citizens, it underscores the importance of examining specific roles before invoking provisions.
