Dr. Bakshindar Singh Lyall v. State of H.P.
In the Court of Himachal Pradesh
Before Justice S. Karol, Additional Chief Justice
Decided on July 21, 2017
Relevancy of the case: Quashing of FIR after a settlement between parties in a case where the accused sent abusive messages and inappropriate pictures
Statutes and Provisions Involved
- The Information Technology Act, 2000 (Section 66D, 67)
- The Indian Penal Code, 1860 (Section 469, 504, 506)
- The Code of Criminal Procedure, 1973 (Section 320, 482)
Relevant Facts of the Case
- The petitioner allegedly harassed the respondent’s sister and parents by sending abusive messages and inappropriate pictures through social networking sites from his own account as well as fake accounts.
- The petitioner used to add random people in his fake account and send pictures.
Opinion of the Bench
- Applicability of Section 482 and 320 of the Code of Criminal Procedure, 1973 was analysed. Here, the parties have reached a settlement and hence the quashing of FIR would secure the ends of justice and prevent the abuse of process of the court.
- Petition allowed. FIR ordered to be quashed.
This case summary has been prepared by Nandini Gadgil, an undergraduate student at DES Shri Navalmal Firodia Law College, Pune, during her internship with The Cyber Blog India in January/February 2021.