Madhya Pradesh High Court quashes FIR over loud music, partying; says common for youngsters to have parties

The Madhya Pradesh High Court recently observed that it was common for youngsters to organize get-togethers and parties and that no restriction could be imposed on the same. [Rajinder Singh Rajput & Ors vs The State of MP and Anr].Justice Sanjay Dwivedi made the observation while quashing a case against 10 men who were accused of playing “extremely loud music” and consuming alcohol at a private apartment during a party.."Nowadays it is very common that youngsters organize get together and parties in a place where they could assemble and no restriction can be imposed upon them. It is indisputable that the party was going on in a flat owned by one of the petitioners, and the mere consumption of liquor cannot be deemed to be an offence," the Court remarked..The Court concluded that there was no concrete material on record to indicate that the accused had committed any offence. Accordingly, the Court set aside the criminal case registered against the accused and further proceedings initiated on the basis of the First Information Report (FIR) in the matter. .The case had been registered on a complaint by a Gorakhpur resident who alleged that loud music was being played in his locality making it difficult for him or his aged father to sleep. .The counsel representing the accused argued that it was a private party hosted at a personal flat and that the music had been played within permissible limits. He also alleged that another resident in the building had a personal grudge against the owner of the flat and that he had, therefore, made a false complaint. .The State contended that the police were under an obligation to take action once neighbours complain of facing inconvenience because of a party. The counsel representing the accused, however, countered that it would have been enough if the police had halted the party rather than going on to file a criminal case. .Finding no offence was made out against the ten accused party goers, the Court ultimately allowed their plea to quash the FIR..Senior Advocate Sanjay Agrawal with advocate Anuj Agrawal represented the petitioners (accused). Government Advocate Punit Shroti represented the State..[Read Judgment]