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Synopsis

The Bombay High Court recently quashed the First Information Report (FIR) and proceedings against a 64 year old, retired professor, Kailash Hanumandas Chandak, accused of sending obscene and objectionable WhatsApp message to the complainant woman.

A Division bench comprising Justice Sarang V. Kotwal and Justice S.M. Modak, delivered the verdict, noting that “the Petitioner (accused) is suffering from mental imbalance” and “no purpose will be served in continuing with the prosecution.”

The complainant (Respondent No.1) and the petitioner were previously colleagues at a reputed college in South Mumbai. On December 12, 2022, the complainant received an obscene and objectionable WhatsApp message from the petitioner. Shocked by the content, she filed an FIR the following day at Malabar Hill Police Station under Section 354-D (stalking) of the Indian Penal Code and Section 67 (transmitting obscene material electronically) of the Information Technology Act. Subsequently, a case was registered before the Judicial Magistrate First Class, Girgaum.

The petitioner approached the High Court seeking to quash the FIR on grounds of his mental health condition, which he substantiated through a medical report from a psychologist. It was argued that Chandak suffered from frontotemporal lobar degeneration (FTLD), impairing his ability to judge appropriate social behaviour. The petitioner’s brother and close friend filed the petition on his behalf, emphasising that the message was sent unintentionally due to the petitioner’s mental illness.

Confirming her understanding of the petitioner’s condition, the complainant filed an affidavit stating that she was unaware of his mental illness at the time of filing the FIR. Upon learning about his condition, she chose to withdraw her allegations and filed a “No objection” for quashing of the proceedings.

The court observed that the complainant accepted that the message was sent unintentionally while the petitioner was not in a fit state of mind.

The court noted: “it is a fact accepted by the Respondent No.1 that the message was sent unintentionally when the Petitioner was not in a fit state of mind. In this background, the Respondent No.1 has given her consent to quash the proceedings.”

As a result, the High Court ruled that “It would be in the interest of justice to quash the proceedings.”

 

Cause Title: Kailash Chandak vs. State of Maharashtra (Writ Petition 1419 of 2025)

Appearance: Advocate Sanjay Bhatia appeared for the petitioner.; Advocate Neha Kamble represented the complainant.; Additional Public Prosecutor BV Holambe-Patil appeared for the State.