‘No disturbance to public peace’: Bombay HC quashes FIR against men allegedly accused of committing affray
It is submitted that though there was fighting at public place, due to that fighting, there was no disturbance to the public peace, which is an essential ingredient of Section 159 of Penal Code, 1860. Therefore, as there is no breach/disturbance to the public peace, no offence is made out.