Madhya Pradesh High Court
Uttamkumar Mahoria vs The State Of Madhya Pradesh on 17 March, 2026
Author: Milind Ramesh Phadke
Bench: Milind Ramesh Phadke
NEUTRAL CITATION NO. 2026:MPHC-GWL:9567
1 MCRC-16888-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
MISC. CRIMINAL CASE No. 16888 of 2024
UTTAMKUMAR MAHORIA AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Ankur Maheshwari - Advocate for the petitioner.
Shri Samar Ghuraiya Dy Ga appearing on behalf of Advocate General.
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Reserved on : 17/03/2026
Delivered on : 06/04/2026
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This petition having been heard and reserved for orders, coming on for
pronouncement this day, the Hon'ble Shri Justice Milind Ramesh Phadke
pronounced/passed the following:
ORDER
This petition has been filed under Section 528 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (BNSS) seeking quashment of FIR
registered at Crime No.53/2024 at Police Station Jigna, District Datia for
offences punishable under Section 294 of IPC and also for quashment of
consequential criminal proceedings.
As per the prosecution case, respondent No.2/complainant lodged an
FIR alleging that the present petitioners used abusive and obscene language
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Signed by: ASHISH PAWAR
Signing time: 07-04-2026
18:17:16
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against her and made calls uttering filthy words. On the basis of the said
complaint, the police registered the aforesaid crime and initiated
investigation.
Learned counsel for the petitioners submits that the impugned FIR is
nothing but a counterblast to earlier complaints made by the petitioners and
other staff members against the complainant regarding her misconduct,
abusive behaviour, and dereliction of duties. It is submitted that on the basis
of such complaints, an enquiry was also initiated by the competent authority
wherein statements of various teachers were recorded against the
complainant. It is further submitted that prior to lodging of FIR, the
complainant was relieved by petitioner No.1 in discharge of official duties
relating to valuation of answer sheets, which was against her will, and due to
this personal grudge, the present false FIR has been lodged. Learned counsel
further submits that as per the allegations, the incident is stated to have
occurred on 26.02.2024 through a mobile call; however, no call detail
records have been produced to substantiate such allegations. It is contended
that petitioner No.2 was posted as Centre Head at Government Middle
School, Badera Sopan on the said date and was performing official duties
during Board Examination, due to which he could not have made any such
call. It is also argued that the entire case is based on an alleged audio
recording, which, upon transcription, reveals that it is merely a conversation
between third persons and does not contain any abusive words directed
towards the complainant. There is no material to show that any such
conversation was addressed to the complainant. It is contended that even if
Signature Not Verified
Signed by: ASHISH PAWAR
Signing time: 07-04-2026
18:17:16
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the allegations are taken at their face value, the essential ingredients of the
offence under Section 294 IPC are not made out, as there is no allegation of
utterance of obscene words in a public place. It is further submitted that
continuation of the criminal proceedings would amount to abuse of process
of law. Hence, prayer is made to quash the FIR and consequential
proceedings. In support of his arguments, learned counsel has place reliance
on the judgment of the Hon’ble Supreme Court in Pawan Kumar vs. State of
Haryana (1996) 4 SCC 17 .
Learned counsel for the State opposed the petition and submitted that
the FIR discloses commission of cognizable offence and the matter requires
investigation/trial.
Heard learned counsel for the parties and perused the material
available on record.
From the record, it is evident that prior to lodging of the FIR, several
complaints were made by the petitioners and other staff members against the
complainant regarding her conduct, on the basis of which an enquiry was
initiated. The timing of the FIR indicates that the same has been lodged
subsequent to such complaints and official actions taken against the
complainant, thereby giving rise to a strong inference that the FIR is a
counterblast arising out of personal grudge.
The allegation against the petitioners is that they used abusive
language through a mobile call on 26.02.2024. However, no call detail
records or other supporting material have been placed on record by the
prosecution. On the contrary, material placed by the petitioners prima facie
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Signed by: ASHISH PAWAR
Signing time: 07-04-2026
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indicates that petitioner No.2 was on official duty as Centre Head during
Board Examination on the said date. Further, the alleged audio recording, on
which the prosecution relies, upon transcription, does not reveal any specific
abusive words directed towards the complainant and appears to be a general
conversation between other persons.
So far as the offence under Section 294 IPC is concerned, the Hon’ble
Supreme Court in Pawan Kumar vs. State of Haryana (supra) has held that
mere utterance of words is not sufficient to constitute an offence under
Section 294 IPC unless such words are obscene in nature and are uttered in
or near a public place causing annoyance to others. In the present case, even
if the allegations are accepted in their entirety, there is no material to show
that any obscene words were uttered in a public place or that such alleged act
caused annoyance to the public at large. The allegations pertain to a private
communication allegedly made through a mobile call, which would not
satisfy the essential ingredients of Section 294 IPC as explained by the
Hon’ble Apex Court. It is well settled that the High Court, in exercise of its
inherent powers under Section 528 BNSS, can quash criminal proceedings
where the same are manifestly attended with mala fide intention and
continuation thereof would amount to abuse of process of law.
Considering the background of prior complaints, lack of supporting
evidence, and absence of essential ingredients of the alleged offence, this
Court is of the opinion that continuation of criminal proceedings would serve
no useful purpose.
Accordingly, the petition is allowed. The FIR registered at Crime No.
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Signed by: ASHISH PAWAR
Signing time: 07-04-2026
18:17:16
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53/2024 at Police Station Jigna, District Datia and all consequential criminal
proceedings arising therefrom are hereby quashed.
The petition stands disposed of.
(MILIND RAMESH PHADKE)
JUDGE
(aspr)
Signature Not Verified
Signed by: ASHISH PAWAR
Signing time: 07-04-2026
18:17:16