Jharkhand High Court quashed criminal proceedings, holding vague assault allegations insufficient under IPC Sections 323 and 504

News Citation : 2026 LN (HC) 325 | 2026:JHHC:13378

May 5, 2026 : The Jharkhand High Court has quashed criminal proceedings against two accused persons in a complaint case, holding that a bare allegation of assault without any material showing bodily injury or medical treatment is insufficient to attract offences under Sections 323 and 504 of the Indian Penal Code (IPC).

Justice Anil Kumar Choudhary passed the order while allowing a criminal miscellaneous petition filed by Sanjay Kumar Gupta and Moti Shah, who had challenged the proceedings pending before the Judicial Magistrate First Class, Palamau. The Magistrate had earlier taken cognizance against them for offences under Sections 323, 504 and 34 IPC in Complaint Case No. 344 of 2020.

According to the complaint, the accused, who were relatives of the complainant’s deceased husband, had allegedly assaulted her. The petitioners argued before the High Court that even if all allegations were accepted as true, the complaint did not disclose the essential ingredients required to constitute offences under Sections 323 and 504 IPC.

The High Court examined the legal requirements for the offence of voluntarily causing hurt under Section 323 IPC. Referring to the Supreme Court’s decision in Abhishek Saxena vs State of Uttar Pradesh (2023), the Court noted that a mere statement that “they beat up me” cannot by itself establish the offence unless supported by material indicating bodily pain, injury, medical examination or treatment.

Justice Choudhary observed that the complaint in the present case did not contain any allegation that the complainant suffered bodily pain, disease or infirmity. The Court therefore held that the foundational ingredients of Section 323 IPC were absent.

The Court also analysed the offence under Section 504 IPC, which relates to intentional insult with intent to provoke breach of peace. It found that the complaint lacked any allegation that the accused intentionally provoked the complainant knowing such provocation could lead to breach of peace or commission of another offence.

Holding that continuation of the criminal proceedings would amount to abuse of the process of law, the High Court quashed the entire criminal proceeding, including the Magistrate’s order dated June 27, 2022. The criminal miscellaneous petition was accordingly allowed.

Case Reference : Cr.M.P. No. 4427 of 2022, Sanjay Kumar Gupta and Another vs State of Jharkhand and Another; Counsels: Mr. Vinay Kumar, Advocate for the Petitioners; Mr. Shiv Shankar Kumar, Addl. P.P. for the State; Md. Nazia Rashid, Advocate for Opposite Party No. 2.