Quashing of FIR where Facebook comments did not satisfy the ingredients of assault or criminal intimidation.

Under Section 482 CrPC, quashing is justified where uncontroverted allegations taken at face value do not prima facie disclose the offence and continuation of prosecution would serve no useful purpose. The SC held that the materials did not show assault or use of criminal force against a public servant, so Section 353 IPC was not made out. It also found that the Facebook comments, on the facts alleged, did not disclose the intent or ingredients of criminal intimidation under Sections 506 and 503 IPC. As the statutory ingredients were absent, the FIR and criminal proceedings were liable to be quashed.

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Issues: Whether the FIR and criminal proceedings alleging offences under Sections 353 and 506 of the Indian Penal Code were liable to be quashed in exercise of inherent powers under Section 482 of the Code of Criminal Procedure.

Analysis: The governing test for quashing at the initial stage is whether the uncontroverted allegations, taken at face value, prima facie disclose the offence, and whether continuation of the prosecution would serve any useful purpose or amount to abuse of process. For Section 353, the essential requirement is assault or use of criminal force against a public servant with intent to deter the discharge of official duty; the materials disclosed no assault or use of criminal force by the appellants. For Section 506, read with the definition of criminal intimidation in Section 503, there must be a threat made with intent to cause alarm or to compel a person to act or omit to act; the Facebook comments, on the facts alleged, did not disclose such intention or the requisite ingredients. Since the page was treated as a public forum for grievances and the allegations, even if accepted, did not satisfy the statutory ingredients, continuation of the prosecution was unwarranted.

Conclusion: The FIR and criminal proceedings were liable to be quashed and the appellants succeeded.

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