Case Note & Summary
The petitioner, Sanjana Fernandes @ Raveera, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of criminal proceedings in C.C.No.22955/2021 pending before the I Additional Chief Metropolitan Magistrate, Bengaluru. The proceedings arose from Crime No.245/2021 registered for offences punishable under Sections 66(C), 66(D), and 67(A) of the Information Technology Act, 2000 and Sections 419 and 420 of the Indian Penal Code, 1860 (IPC). The complainant, Shankar Ganesh P J, an information technology professional, alleged that the petitioner, with whom he had a consensual relationship, created a fake profile on a dating site using his photographs and uploaded obscene photos, causing harassment. The petitioner argued that the relationship was consensual and that the allegations were false, filed out of vengeance after the relationship ended. The court examined the complaint and the charge sheet material to determine if a prima facie case was made out. The court noted that the complainant admitted to having a consensual relationship with the petitioner and that the allegations of cheating under Section 420 IPC lacked the essential ingredient of dishonest inducement and delivery of property. Similarly, the offences under the Information Technology Act were not made out as there was no evidence of identity theft or publication of obscene material with criminal intent. The court held that continuing the proceedings would be an abuse of the process of law and quashed the criminal proceedings.
Headnote
A) Criminal Procedure Code - Quashing of Proceedings - Section 482 CrPC - Abuse of Process - Petition under Section 482 CrPC seeking quash of criminal proceedings in C.C.No.22955/2021 for offences under Sections 66(C), 66(D), 67(A) of Information Technology Act, 2000 and Sections 419, 420 IPC - Held that where allegations stem from a consensual relationship and there is no material to show dishonest inducement or deception, continuation of proceedings would be an abuse of process of law (Paras 1-10). B) Information Technology Act - Identity Theft and Cheating - Sections 66(C), 66(D), 67(A) - Essential Ingredients - Allegations of creating fake profile and uploading obscene photos - Held that in the absence of evidence that the accused dishonestly induced the complainant or that the complainant parted with property, the ingredients of cheating under Section 420 IPC are not made out; similarly, no prima facie case under IT Act as the relationship was consensual (Paras 5-10).
Issue of Consideration
Whether criminal proceedings for offences under the Information Technology Act, 2000 and IPC can be quashed when the allegations arise from a failed consensual relationship and lack essential ingredients of cheating and identity theft.
Final Decision
The criminal petition is allowed. The proceedings in C.C.No.22955/2021 pending on the file of the I Additional Chief Metropolitan Magistrate, Bengaluru, arising out of Crime No.245/2021 for offences under Sections 66(C), 66(D), 67(A) of the Information Technology Act, 2000 and Sections 419 and 420 of the IPC, are quashed.
Law Points
- Quashing of criminal proceedings under Section 482 CrPC
- Lack of prima facie case under Sections 66(C)
- 66(D)
- 67(A) of Information Technology Act
- 2000 and Sections 419
- 420 IPC
- Consensual relationship not amounting to cheating
- No dishonest inducement or deception
