Karnataka HC Refuses To Quash FIR Over WhatsApp Remark About MLA’s Daughters, Allows Investigation To Finish

In brief

The question

1. Whether the complaint and FIR alleging offences under Sections 192 and 352 BNS should be quashed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

The court held

The Court dismissed the petition and permitted the investigation to continue, reserving liberty to the petitioner to approach the appropriate forum.

It also directed

Any pending application was also disposed of.

01Facts

The petitioner sought to quash a complaint dated 30 April 2026 and FIR dated 3 May 2026 in Crime No. 60/2026, registered for alleged offences under Sections 192 and 352 of the Bharatiya Nyaya Sanhita, 2023 (BNS).

pp. 2–3 · ¶ 1

The complaint alleged that, in a WhatsApp group, the petitioner posted a remark referring to the two daughters of A.S. Ponnanna, a sitting MLA, and stating that “karma returns”.

pp. 3–6 · ¶ 3 and complaint reproduced at para. 7

The petitioner contended that the alleged words did not disclose the ingredients of the offences; the complainant opposed quashing and sought continuation of the investigation.

pp. 3–4 · ¶ 4–5

The investigation was ongoing when the petition was considered.

p. 7 · ¶ 7

02Issues

i.1. Whether the complaint and FIR alleging offences under Sections 192 and 352 BNS should be quashed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

pp. 2–4 · ¶ 1, 4

ii.2. Whether the investigation should be permitted to continue so that the offences, if any, could be determined upon its completion.

p. 7 · ¶ 7

03Law Applied

The petition invoked Section 528 BNSS, which preserves the High Court’s inherent powers to prevent abuse of process and secure the ends of justice.

p. 2

The FIR was registered under Sections 192 and 352 BNS; the complaint also referred to several other provisions, but the Court identified the crime as registered for the former two offences.

pp. 2–3 · ¶ 1 · pp. 5–7, complaint reproduced at para. 7

The Court stated no detailed test for quashing, analysed no statutory ingredients, and relied on no precedent.

Its stated approach was that the offences, if any, remaining after investigation would be discernible upon its completion.

p. 7 · ¶ 7

Provisions in the judgment · 7 · Linked ones open on LawLens

Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528

Bharatiya Nyaya Sanhita, 2023 Section 192 Section 352 Section 79 Section 196 Section 353 Section 356

04Reasoning

The Court noted that the alleged WhatsApp remark concerned the daughters of a sitting MLA and considered that the investigation had not yet concluded.

pp. 3, 7–8 · ¶ 3, 7–8

Rather than determine whether the alleged words satisfied the ingredients of Sections 192 or 352 BNS at the FIR stage, it held that the investigation should be allowed to establish what offences, if any, remained.

pp. 7–8 · ¶ 7–8

It therefore left the petitioner at liberty to approach the appropriate forum after that stage.

pp. 7–8 · ¶ 7–8