FARAH DEEBA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this Petition filed under Article 226 of the Constitution of India r/w Sec. 482 of the Code of Criminal Procedure, the Petitioner is seeking quashing of First Information Report (FIR) No. 178 of 2025, dtd. 15/5/2025, registered with Kalepadal Police Station, Pune, for the offences punishable under Ss. 152, 196, 197, 352 and 353 of the Bharatiya Nyay Sanhita, 2023 (for short 'BNS 2023').

(2.) Heard Mr. Sathe, learned Advocate for the Petitioner and Smt. Deshmukh, learned APP for State. Perused entire record produced before us.

(3.) In the FIR it is alleged that, both the Petitioner and the first informant are residing in the same Housing Society in Pune City, known as Margosa Heights. A WhatsApp group was created by a female member of the Society, only for the females residing in the Society named as 'Sath Sath Margosa Ladies'. Around 380 female members became part of this WhatsApp group. On 7/5/2025, the Indian Armed Forces carried out 'Operation Sindoor' thereby destroying terrorist launch pads situated in and around the neighbouring country. The members of the WhatsApp group of 'Sath Sath Margosa Ladies' started praising the Indian Armed Forces for conducting 'Operation Sindoor'. Many members of the group started sending their commending messages in the group. The Petitioner at the same time sent a message stating that, 'we have T.V. and mobiles, therefore, the group should not be used as a National News Channel' to which one of the group member replied saying that, it was perfect time to show solidarity towards the Nation, Army and Prime Minister, ending her message with words 'Jai Hind, Jai Bharat". To which a few other members replied 'Jai Hind'. Immediately the Petitioner reacted with laughing emoji. Thereafter there were certain exchange of WhatsApp messages. The Petitioner subsequently sent few more messages on the said WhatsApp group and also updated WhatsApp status with a link of a Facebook video to which some of the members of the WhatsApp group who were known to the Petitioner, objected. The Petitioner went ahead and also sent further messages which were against the Prime Minister and also against the country. Based on such WhatsApp messages sent by the Petitioner, the FIR was lodged by the First Informant against the Petitioner.