High Court Rules Continuation of Criminal Proceedings as Abuse of Process After Petitioners Apologize and Remove Objectionable Content
In a significant judgment, the Chhattisgarh High Court has quashed the FIR and subsequent charge-sheet filed against Pranab Kalita and another petitioner, who were accused of sharing an objectionable social media post concerning the Honorable Governor of Chhattisgarh. The Division Bench, comprising Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal, held that the continuation of criminal proceedings would not advance any fruitful purpose and would amount to an abuse of the process of law.
The petitioners were initially charged under Sections 352, 353(1), and 353(2) of the Bharatiya Nyaya Sanhita, 2023, and Section 66 of the Information Technology Act, 2000. They had shared a cartoon-style post originally uploaded by another individual, along with a brief political comment. The petitioners argued that their actions were protected under Article 19(1)(a) of the Indian Constitution, which ensures freedom of speech and expression.
During the proceedings, the petitioners tendered an unconditional apology, removed the objectionable post, and agreed to comply with conditions set by the State for settlement. The State Government and respondent conveyed their consent for the settlement, subject to compliance with stipulated conditions, including publication of an apology and undertaking not to repeat such conduct.
The Court emphasized the importance of examining the nature and gravity of the offence, societal impact, and circumstances surrounding the settlement. It noted that the petitioners had not committed any act of physical violence and that the allegations did not disclose any heinous criminal conduct. The Court also acknowledged the State Government's consent to the settlement, highlighting that the proposed settlement was not merely a private compromise but involved governmental consideration.
In its order, the High Court underscored that the exercise of inherent jurisdiction for quashing criminal proceedings must be carefully considered, especially in cases involving non-compoundable offences. However, given the unique facts of this case and the subsequent developments, the Court determined that continuation of the prosecution would not serve the cause of justice.
The judgment represents a significant application of the principles reiterated by the Supreme Court in the case of State of Madhya Pradesh v. Laxmi Narayan, wherein the High Court's power to quash proceedings in non-compoundable offences was discussed.
The Court's decision to quash the FIR and charge-sheet is contingent upon the petitioners' compliance with the settlement conditions, including the removal of objectionable content from all digital platforms and publication of an apology with appropriate prominence.
Bottom Line :
Criminal proceedings based on social media posts concerning a constitutional functionary were quashed after petitioners tendered an unconditional apology, removed objectionable material, and agreed to comply with conditions set by the State for settlement. The court emphasized that continuation of the proceedings would amount to an abuse of the process of law.
Statutory provision(s): Bharatiya Nyaya Sanhita, 2023 Sections 352, 353(1), 353(2), Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528, Information Technology Act, 2000 Section 66, Constitution of India Article 19(1)(a).
Pranab Kalita v. State of Chhattisgarh, (Chhattisgarh)(DB) : Law Finder Doc id # 2966467
