Bombay High Court: In a case where FIR was registered against petitioners (‘accused persons’) for committing affray by fighting in a hospital, the Division Bench comprising of Anil L. Pansare, and M.M. Nerlikar*, JJ., stated that entire record did not show that there was disturbance to the public peace. The contents of the FIR and the material in the charge-sheet depict that the material was not sufficient to attract Section 159 of Penal Code, 1860 (‘IPC’) and therefore, it cannot be said that the accused persons have committed an offence punishable under Section 160 of IPC. Thus, the Court quashed the FIR as there was no disturbance to public peace.
Background
In the present case, two of the present accused persons approached the Police Station for lodging the complaints against each other with respect to abuse and assault at Durga Chowk, Gondia Police Station. As both the parties were having minor injuries, the informant along with other police staff took both the parties to the hospital for the purpose of medical examination. While the medical examination was going on, the accused persons allegedly started fighting in the hospital premises. The informant stated he came out and saw that the accused persons were fighting with each other, therefore, he along with other staff stopped the accused persons from fighting with each other and thus, the FIR under Section 160 of IPC was registered.
The accused persons have therefore approached the Court under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing of the charge-sheet emerging out of the said FIR.
Analysis, Law, and Decision
The Court opined that to constitute an offence under Section 159 of IPC, its three essential ingredients must be met. There must be two or more person, there should be fighting between them in public place and the result of such fighting should be in disturbance to the public peace. If these three ingredients are satisfied, then and then only it can be said that the accused has committed an offence of affray.
In the instant case, two ingredients to constitute affray, were being fulfilled, that there were two or more persons who were fighting at a public place, however, the third limb of Section 159 of IPC. was absent, based on the material on record.
The Court stated that the entire record did not show that there was disturbance to the public peace. The contents of the FIR and the material in the charge-sheet depict that the material is not sufficient to attract Section 159 of IPC, and therefore, it cannot be said that the accused persons have committed an offence punishable under Section 160 of IPC. Relying upon the judgement in Mahant Kaushalya Das v. State of Madras, 1965 SCC OnLine SC 3, the Court quashed and set-aside the charge-sheet, arising out of the said FIR and accordingly the application was allowed.
[Rajesh v. State of Maharashtra, 2025 SCC OnLine Bom 2730, decided on: 24-7-2025]
*Judgement authored by- Justice M.M. Nerlikar
Advocates who appeared in this case:
Advocate for the Petitioners- Aniket N. Rangari, Advocate
Advocate for the Respondents- A.R. Chutke, APP
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