PREETI GAUTAM Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The present application under Sec. 482 Cr.P.C. has been filed seeking quashing of the cognizance order dtd. 5/2/2024 passed by the learned Judicial Magistrate, Rudraprayag in Criminal Case No. 78 0f 2024, whereby cognizance has been taken under Sec. 306 IPC against the applicant no. 1 and under Ss. 504 & 506 IPC against the applicant no.2, as well as quashing of the charge-sheet dtd. 3/4/2023 against the applicants under the aforesaid Sec. .

(2.) The brief facts of the case are that an FIR was lodged by the brother of the deceased (respondent no. 3), alleging that the deceased committed suicide on account of harassment meted out by applicant No. 1. As per the FIR, the deceased had developed a friendship with applicant No. 1 through the social media platform "Facebook", which subsequently turned into an intimate relationship. It is alleged that during this period, the deceased captured certain obscene photographs and videos of applicant No.1, which he later used to blackmail her for money and threatened to circulate the said material on social media and among her relatives. It is further stated that when the engagement of applicant No.1 was solemnized as per her family's decision, the deceased, out of frustration, allegedly uploaded and circulated the obscene material on various social media platforms and sent it to her acquaintances. Aggrieved by the said acts, applicant No.1 lodged an online complaint through the IGRS portal on 27/3/2023 and also submitted a written complaint to the Senior Superintendent of Police, Badaun. In consequence of the said complaint, the Cyber Cell deleted the objectionable contents; however, no legal action was initiated against the deceased. Subsequently, applicant No.1 withdrew her complaint on 29/3/2023.

(3.) Thereafter, on 3/4/2023, the deceased allegedly committed suicide. Following the incident, an FIR was lodged by respondent No.3 and the Investigating Officer submitted a charge sheet against the applicants under Ss. 306, 504, and 506 of the Indian Penal Code, 1860. The learned Magistrate, upon consideration, took cognizance under aforementioned Sec. and issued summons to the applicants. Aggrieved by the said charge sheet and the order of cognizance, the applicants have preferred the present C-482 application, contending that the same are illegal, perverse, and amount to an abuse of the process of law.