Affray requires a public-place fight that disturbs public peace.

The petitioners, arrayed as accused Nos. 5 to 7, sought to quash proceedings in C.C. No. 2355/2023, arising from a Kollur Police Station case under Section 160 of the Indian Penal Code (IPC).

The complaint alleged that, on 30 November 2023, the complainant, a Police Sub-Inspector, found the petitioners quarrelling in a public place near Kollur Mukkambika Temple and disturbing public peace. After investigation, the police filed a charge sheet against the petitioners and four others, and the Magistrate took cognizance.

The petitioners invoked Section 482 of the Code of Criminal Procedure (CrPC), contending that the materials did not disclose the elements of affray.

Whether the charge-sheet materials disclosed the ingredients of affray under Sections 159 and 160 IPC against the petitioners.

Whether continuation of the criminal proceedings against the petitioners amounted to an abuse of the process of the court warranting relief under Section 482 CrPC.

Section 159 IPC defines affray as a fight between two or more persons in a public place that disturbs the public peace; Section 160 IPC provides the offence and punishment for committing affray.

The Court considered the High Court’s inherent power under Section 482 CrPC to quash proceedings where, even taking the charge-sheet allegations at face value, the alleged offence is not made out and continuation of the proceedings would amount to an abuse of process.

The Court treated a fight in a public place and resulting disturbance of public peace as necessary elements of affray.

Although the complaint alleged a quarrel in a public place, the charge-sheet witnesses were police officials, and no member of the public was cited as a witness or stated that the alleged fight disturbed public peace.

The Court also found that the complaint and charge-sheet contained no specific account of an act by the petitioners establishing the offence; accordingly, even accepting the allegations at face value, the ingredients of Sections 159 and 160 IPC were not made out.