Shampa Choudhuri Ghoshal v. State of Gujarat
In the High Court of Gujarat
Cr. M.A. 17466/2011
Before Justice J B Pardiwala
Decided on November 3, 2015
Relevancy of the case: Quashing an FIR under Section 66A of the Information Technology Act, 2000
Statutes and Provisions Involved
- The Information Technology Act, 2000 (Section 66A)
- The Indian Penal Code, 1860 (Section 507, 509)
- The Code of Criminal Procedure, 1973 (Section 482)
Relevant Facts of the Case
- The applicant and respondent are biological sisters. However, due to some dispute, their relationship was strained. The applicant allegedly threatened the respondent multiple times through mobile phone calls.
- The judge, in consideration of the fact that they were sisters, had suggested that the dispute be amicably resolved.
Prominent Arguments by the Advocates
- The applicant’s counsel submitted that his client was present in court, and tenders an unconditional apology. She also assures that such incident would not be repeated. However, the counsel also submitted that the apology tendered by his client may not be construed as an admission, and used to give rise to another cause between the two parties.
- The respondent’s counsel submitted that since the applicant was personally present and tendered an apology, along with an assurance of non-recurrence, the proceedings may be quashed. As to the applicant counsel’s concern of the apology being used to give cause to further litigation, the respondent counsel assured that nothing of that sort would happen.
Opinion of the bench
- It was observed that since the dispute was between two sisters, it could be resolved amicably, and the FIR could be quashed.
- FIR quashed.
This case summary has been prepared by Shrawani Mohani, an undergraduate student at ILS Law College, Pune, during her internship with The Cyber Blog India in January/February 2021.