Court Quashes FIR and Charge-Sheet Against Applicants in WhatsApp Insult Case. Absence of Required Sanction and Lack of Malicious Intent Lead to Dismissal of Charges under Sections 295A, 504, and 506 of IPC

Case Note & Summary

The court, upon hearing the arguments from the advocates of both parties, decided to quash the FIR and charge-sheet filed against the applicants under Sections 295A, 504, and 506 of the IPC. The decision was based on the absence of the necessary government sanction required under Section 196(1) of the CrPC, the lack of evidence showing malicious intent to outrage religious feelings, and the biased selection of witnesses by the Investigating Officer. The court also noted that the informant seemed to be the aggressor in the altercation and that it would be unjust to subject the applicants to trial under these circumstances.

1. Introduction Parties heard by the court. Rule made returnable forthwith. 2. Applications under Section 482 of CrPC Applications filed for quashing FIR and charge-sheet. Alleged insult through WhatsApp group "Narkhed Ghadamodi". 3. Arguments by the Applicants No malicious intent in WhatsApp chats. Informant was the aggressor. Applicants are reputed persons. 4. Arguments by the Non-Applicants Chats showed grudge against the Muslim community. Ingredients of Section 295A IPC attracted. Applicants should face trial. 5. Sanction under Section 196(1) CrPC Requirement of prior government sanction. No sanction order produced. 6. Judicial Precedents Reference to Gujarat High Court and Supreme Court decisions. Necessity of sanction for cognizance of offences under Section 295A IPC. 7. Evidence Analysis FIR and charge-sheet scrutinized. WhatsApp group details and members' statements. Lack of evidence showing deliberate and malicious intent. 8. Findings Investigating Officer's biased selection of witnesses. Informant's role as the aggressor. End-to-end encryption of WhatsApp chats. No prima facie case against the applicants. 9. Conclusion Applications allowed. FIR and charge-sheet quashed. No costs ordered.