Yash Vamya v. State of Madhya Pradesh
Yash Vamya v. State of Madhya Pradesh
In the High Court of Madhya Pradesh
MCRC 45261/2023
Before Justice Subodh Abhyankar
Decided on January 25, 2024
Relevancy of the case: Quashing of FIR and court proceedings in a case involving creating a fake account after the settlement between the parties
Statutes and Provisions Involved
- The Information Technology Act, 2000 (Section 66C, 66D)
- The Code of Criminal Procedure, 1973 (Section 482, 320(2))
Relevant Facts of the Case
- The petitioner obtained a chemical engineering degree and had a bright future. He made a fake ID of the complainant and posted some pictures.
- Due to the case, serious prejudice would be caused to the petition’s future.
- The complainant has agreed to compromise the matter. The petitioner has filed this application under Section 320(2) of the Code of Criminal Procedure, 1973, to compound the matter.
Prominent Arguments by the Advocates
- The petitioner’s counsel argued that the only allegation was that he used the complainant’s fake ID. None of the photographs were obscene in any manner. The court should quash the FIR since the parties have already settled.
Opinion of the Bench
- The court noted the complainant’s lack of support for the prosecution. The nature of the offence is minor, with no harm to the complainant.
- The court also considered the petitioner’s young age and the effect on his future.
Final Decision
- The court quashed the FIR and the resultant court proceedings.