MS. S Vs. STATE OF GOA

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution of India and Sec. 482 of Cr.P.C., the petitioner prays for quashing and setting aside FIR no. 77/2024 dtd. 14/5/2024, for offence punishable under Sec. 295-A of the Indian Penal Code (IPC), registered at the Mapusa Police Station.

(2.) The FIR was lodged against the petitioner allegedly for "posting and circulating the derogatory comment on social media in respect of religious rituals performed at Shirgao Bicholim Goa and thereby outraging the religious sentiments of the complainant and others." The petitioner is 18 years old and a student of St Xavier's College at Mapusa. She is a bright student who passed 12th standard with distinction. On 12/5/2024, the petitioner came across a post/reel uploaded by "ingoa24x7", which showcased the emission of smoke in huge wall of smog along with sights of flame bursts before the crowd. The petitioner reposted the same post/reel on her private Instagram account through her story, expressing her concerns regarding the pollution that could be seen in that post/reel. The petitioner commented thus :

(3.) The petitioner learnt that on 14/5/2024, a complaint was made against her by some persons for posting the alleged derogative comment. Following the complaint, the respondent no.2 lodged the FIR for offence under Sec. 295-A of IPC registered at Mapusa Police Station.