Vidya Devi v. State of Himachal Pradesh and Anr.
In the High Court of Himachal Pradesh
Crl.M.P. u/s 482 CrPC 949/2022
Before Justice Sandeep Sharma
Decided on October 19, 2022
Relevancy of the case: Quashing of FIR after the settlement between parties in a case involving the sending of obscene messages about the complainant to a third party on Facebook
Statutes and Provisions Involved
- The Information Technology Act, 2000 (Section 67A)
- The Indian Penal Code, 1860 (Section 354A, 482)
Relevant Facts of the Case
- In her complaint, the complainant alleged that one Reena Thakur sent obscene messages about her to Hemant Chauhan’s Facebook account.
- During the investigation, the police found that the petitioner was sending obscene messages about the complainant to Hemant’s Facebook account. She intended to solemnise marriage with him.
- After the police filed an FIR and presented challan before the trial court, the petitioner and complainant entered into a compromise.
- The petitioner has filed this petition to quash the said FIR or any other proceeding pending before the Court.
Prominent Arguments by the Advocates
- The petitioner’s counsel contended that since the parties have settled, there is no need for consequent proceedings.
- The Deputy Advocate General submitted that the chances of conviction are very bleak.
Opinion of the Bench
- Section 482 preserves the inherent powers of the High Court to prevent abuse of the process of any court or to secure the ends of justice.
- Invoking this Section and quashing an FIR cannot occur if the offence constitutes grave and serious harm.
- The High Court may quash the criminal proceeding if, given the compromise between the disputants, the possibility of a conviction is remote.
- The court allowed the petition and quashed the FIR.
Upama Nandy, an undergraduate student at Symbiosis Law School, Pune, prepared this case summary during her internship with The Cyber Blog India in January/February 2023.