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The Punjab and Haryana High Court recently refused to quash a First Information Report filed against a man booked for allegedly making remarks on social media against Lord Shri Krishna on the holy festival of Shri Krishna Janamashtami. The man had also allegedly put out obscene pictures in the public domain.

The Bench of Justice Jasgurpreet Singh Puri found no merit in the present petition and dismissed it observing ,“The alleged offence was an offence against the society at large and it was not a case of a private offence as in the instant case, society at large was affected by the alleged offence.

According to the FIR, the allegations were that the petitioner namely, Nanu Kumar, had deliberately hurt the religious sentiments of crores of Hindus on social media with the motive of provoking riots by putting out foul content against Lord Krishna on social media including dirty remarks that too on the day of the holy festival of Hindus i.e. Shri Krishna Janamashtami. Being in public, the obscene pictures were seen by millions of people all over India.

Consequently, he was booked under section 295A of the Indian Penal Code. Following the same, Kumar had then filed an application u/s 482 CrPC in the Court where he had sought quashing of the case on the ground that the matter had been compromised between the complainant and the petitioner at the Panchayat level.

On the other hand, the DAG, Haryana, Naveen Singh Panwar had opposed the same stating that he had instructions in the present case to state that the investigation had been conducted, and after conducing the evidences, the challan under Section 173 Cr.P.C. had been presented before the competent Court and even charges had been framed against the petitioner.

DAG had further avered that “as per the allegations, the charges are so serious in nature and the gravity of the offence is of high magnitude and, therefore, it is not a fit case for quashing of FIR based upon compromise especially when charges have been framed even by the learned trial Court.”

Accordingly, taking into account the factual matrix of the present case the bench observed that,

“A perusal of the aforesaid allegations against the petitioner would show that the present offence is an offence against the society at large and it is not a case of a private offence where only one person is affected whereas society at large is being affected by the aforesaid allegations.”

Further on quashing of FIR against the accused, the bench noted,

“A power under Section 482 Cr.P.C. is to be exercised very sparingly and with caution and can be used only to secure the ends of justice or to prevent abuse of process of Court and while exercising the powers, the High Court is to see as to whether the possibility of conviction is very less or remote and continuation of criminal case would put the accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case.”

The petition was therefore dismissed.

Case Title – Nanu Kumar v. State of Haryana & ors.