When no cognizable offence is found on the face of the
complaint, this Court is of the view that the First Information Report is
liable to be quashed. In the case on hand the petitioners and the second
respondent are the members of a whatsapp group. Everyone has a right to
express their feelings and share their idea. The face of crying smiley is to
comment about the idea of second respondent in publishing or uploading a
video of complaints made by BSNL customers regarding deficiencies in BSNL
coverage. Every person has got indefeasible right to express what he feels.
The petitioners who are working as executives and staff of BSNL along with
second respondent ought not to have indulged in posting such emoji in the
interest of BSNL since whatsapp group is formed to promote team spirit. Such
complaints by the second respondent who is working as a Divisional Engineer
(Rural) will pave way for other complications and friction among members
which will be detriment to the interest of BSNL. This Court wanted the
petitioners to express their regret as the de-facto complainant in her
individual perception felt offended by the posting of such crying smiley.
Accordingly the first petitioner has filed an affidavit on behalf of all the
petitioners, recording their regret for posting such smileys. The matter
should rest here and it will be neither in the interest of justice to permit
such complaints to stay. When the complaint does not disclose any offence as
indicated above, the petitioners will be put to serious prejudice and
hardship in case they are forced to face trial. Hence, this Court is
inclined to quash the First Information Report in Crime No.206 of 2017 on the
file of the first respondent.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Pronounced on: 05.06.2018
CORAM
MR.JUSTICE S.S.SUNDAR
CRL.O.P.(MD)No.3110 of 2017
and
Crl.M.P.(MD) Nos. 2366 and 6773 of 2017
I.Linga Bhaskar -Vs- The State through the Inspector of Police,
