24 July 2025 Criminal Appeals & Suspension of Sentence >> Criminal Law  

The Bombay High Court, has quashed a charge sheet in the matter of Rajesh & Others v/s The State of Maharashtra, Through Station House Officer, Police Station Gondia City, Gondia & Another filed under Section 160 of the Indian Penal Code (IPC) (punishment for affray) against individuals involved in a fight at K.T.S. Hospital in Gondia. The Court ruled that the essential ingredient of "disturbance to public peace," as defined in Section 159 of the IPC for the offense of affray, was not met.

The case originated from an FIR lodged by a police constable. Two individuals had initially approached the police station with minor injuries, intending to file complaints against each other for an incident at Durga Chowk. While undergoing medical examination at the hospital, these individuals and others allegedly began fighting. The police intervened and stopped the altercation.

The applicants sought to quash the charge sheet, arguing that no offense under Section 160 IPC was made out because the fighting did not disturb public peace. They relied on a similar, unreported judgment from the High Court of Judicature of Bombay, Bench at Aurangabad.

The Court, after reviewing the FIR and the material in the charge sheet, acknowledged that fighting occurred in a public place with more than two people, satisfying two of the three ingredients for affray under Section 159 IPC. However, it found no evidence to suggest that the fighting led to a disturbance of public peace. The Court emphasized that mere fighting in a public place is not sufficient; there must be a resultant disruption of public tranquility.

Citing previous judgments, including Mahant Kaushalya Das vs. The State of Madras, the Court reiterated that public inconvenience alone does not constitute a disturbance of public peace, and there was no witness testimony to suggest such a disturbance.

Therefore, the Court concluded that the allegations, even if taken at face value, did not prima facie constitute an offense under Section 160 IPC. As a result, the criminal application was allowed, and the charge sheet and associated criminal proceedings were quashed.

Section 159., Indian Penal Code - 1860  

Section 160., Indian Penal Code - 1860  

Indian Penal Code, 1860