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Bombay HC Refuses to Quash FIR, Says Objectionable Social-Media Posts Can Amount to Stalking

The Nagpur bench held that the case must proceed to trial to resolve disputed claims.

Overview

  • Justices Urmila Joshi-Phalke and Nandesh S. Deshpande dismissed a Section 482 CrPC plea seeking to quash an FIR.
  • The court said defamatory Facebook posts about a woman can attract IPC Sections 354 (outraging modesty) and 354-D (stalking).
  • The bench rejected assertions that a prior relationship or financial dealings confer any license to harass or defame online.
  • The FIR alleges multiple objectionable posts in 2019 and a suicide threat with poison on the eve of the woman’s 2019 wedding.
  • The accused has a separate cheating and intimidation complaint pending in Baramati, and the prosecution against him will continue.