High court allows quashing of prosecution against yahoo.in on ground of compromise

 Since the parties have amicably resolved the
matter and moreover, the petitioner has also prominently
published a public apology on its website on 25.2.2016 and
26.2.216, no useful will be served by keeping the proceedings
of FIR No. 0060 dated 20.2.2016 registered at Police Station,
Shimla (West) pending.
Accordingly, FIR No. 0060 dated 20.2.2016
registered at Police Station Shimla (West), District Shimla
under section 505 (2) of the Indian Penal Code is quashed.
The petitioner is directed to deposit a sum of Rs. two lakhs
(Rs. one lakh each for respondent Nos. 3 and 4) in the
registry of this Court within a period of one week from today.
Thereafter, respondent Nos. 3 and 4 shall be at liberty to file
appropriate application for the release of amount.
IN THE HIGH COURT OF HIMACHAL PRADESH,
SHIMLA.
 Cr.M.M.O No. : 58/2016
Decided on: 9.3.2016

Yahoo India Pvt. Limited. …Petitioner.
Versus
State of H.P. and others. …Respondents.

Coram:
Hon’ble Mr. Justice Rajiv Sharma, Judge.



This petition has been instituted under section 482 of
the Code of Criminal Procedure for quashing of FIR No. 0060
dated 20.2.2016 registered at Police Station, Shimla (West),
District Shimla for offence punishable under section 505 (2)
of the Indian Penal Code.


2. “Key facts” necessary for the adjudication of this
petition are that the petitioner has licensing arrangement
with various news agencies for publishing their news report
on its website (Yahoo.co.in) and in terms thereof, an article
titled “Now Jadavpur Varsity Students raise pro-Afzal
and Azadi slogans” by the Indo Asian News Service supplied
to the petitioner was published on its website on 16.2.2016
at 7.00 P.M. Alongwith the news item, a picture belonging to
the Himachal Pradesh University unit of the SFI was posted
with the story. A picture was displayed on the petitioner’s
website for a short duration between 7.00 P.M. on 16.2.2016
and 10.00 P.M. on 17.2.2016. The petitioner prominently
published a public apology on its website on 25.2.2016 and
26.2.2016. However, in the meantime, FIR No. 0060 dated
20.2.2016 was registered against the website under section
505 (2) of the Indian Penal Code at Police Station Shimla
(West), District Shimla.
3. According to the contents of FIR, the petitioner on
its homepage uploaded a photo of respondent No.3 wherein
he and other students have been shown shouting slogans
and it was written that they were raising anti-national slogan
in support of Afzal Guru at West Bengal. This attempt was to
defame him, other students and the organization he belongs,
i.e. SFI. The people have started viewing him as a traitor. It
is in these circumstances, he was constrained to register FIR
against the petitioner.
4. Mr. Randeep Singh Rai, learned Senior Advocate
has vehemently argued that registration of FIR was per se
bad in law since it was in contravention of the provisions of
section 196 of the Code of Criminal Procedure and his client
had no mens rea to commit an offence and the essential
ingredients of section 505 (2) of the Indian Penal Code were
not attracted. He has relied upon section 2 (1) (w) of the
Information Technology Act, 2000. According to him,
petitioner was merely “intermediary”.
5. Mr. Randeep Singh Rai, learned Senior Advocate
was yesterday permitted to seek instructions whether
respondent Nos. 3 and 4 could be compensated. He has
apprised the Court that his client is ready and willing to pay
compensation of Rs. one lakh to respondent Nos. 3 and 4
each. Mr. Sanjeev Bhushan, learned Senior Advocate,
appearing on behalf of respondent Nos. 3 and 4, is not averse
to this suggestion.

6. Since the parties have amicably resolved the
matter and moreover, the petitioner has also prominently
published a public apology on its website on 25.2.2016 and
26.2.216, no useful will be served by keeping the proceedings
of FIR No. 0060 dated 20.2.2016 registered at Police Station,
Shimla (West) pending.
7. Accordingly, FIR No. 0060 dated 20.2.2016
registered at Police Station Shimla (West), District Shimla
under section 505 (2) of the Indian Penal Code is quashed.
The petitioner is directed to deposit a sum of Rs. two lakhs
(Rs. one lakh each for respondent Nos. 3 and 4) in the
registry of this Court within a period of one week from today.
Thereafter, respondent Nos. 3 and 4 shall be at liberty to file
appropriate application for the release of amount.
8. In view of above, the petition is disposed of so also
the pending application(s), if any. No costs.
 (Justice Rajiv Sharma),

Print Page