The court's decision was based on the absence of any malicious intent to insult religion in the petitioner's Instagram post. The petitioner’s concern was for environmental harm, not an attack on religious practices. The court emphasized that penal provisions under Section 295-A do not apply to comments made without the intent to outrage religious feelings, supported by past Supreme Court rulings.

In a petition under Article 226 of the Constitution of India and Section 482 of the Cr.P.C., the Bombay High Court quashed FIR No. 77/2024 filed against an 18-year-old student, finding that her Instagram post expressing concerns about environmental harm was not intended to insult religious sentiments. The court held that Section 295-A of IPC penalizes only deliberate and malicious acts aimed at outraging religious feelings.

1. FIR Details (Para 1–3):

   • FIR No.: 77/2024, registered on 14.05.2024, under Section 295-A of the Indian Penal Code.
   • Complaint: Alleged derogatory remarks on religious rituals in Goa, posted on Instagram by an 18-year-old student from St. Xavier's College, Mapusa.
   • Petitioner's Action: Reposted a reel expressing concern over pollution caused during the rituals, with no intent to offend religious sentiments.

2. Respondent's Argument (Para 4):

   • Shri Faldessai, Additional Public Prosecutor: Argued that the petitioner's actions were deliberate and aimed at outraging religious feelings, thus justifying the investigation.

3. Court's Consideration (Para 5–7):

   • The court observed that the comments were made in the context of environmental concerns, with no intention to insult religious beliefs.
   • Petitioner's Background: She had participated in environmental awareness campaigns and consistently posted about environmental issues.
   • Apology: The petitioner had publicly apologized on Instagram, stating no intent to hurt religious sentiments.

4. Court's Conclusion (Para 8–12):

   • Intent: The court found no malicious intent in the petitioner's comments.
   • Supreme Court Precedents: The court referred to Ramji Lal Modi vs. State of U.P. (1957) and Mahendra Singh Dhoni vs. Yerraguntla Shyamsundar (2017), which clarify that Section 295-A applies only to deliberate and malicious acts aimed at outraging religious feelings, not to comments made without such intent.

5. Final Order (Para 13):

   • FIR Quashed: The petition was allowed, quashing the FIR under Sections 295-A, 153, and 153A of IPC.

Acts and Sections Discussed:

• Indian Penal Code (IPC) Section 295-A:
  Penalizes deliberate and malicious acts intended to outrage religious feelings of any class by insulting their religion or beliefs.

• IPC Sections 153 and 153A:
  Penalize promoting enmity between different groups on grounds of religion, race, etc., and doing acts prejudicial to the maintenance of harmony.

Subjects:

#FreedomOfExpression #SocialMedia #EnvironmentalConcern #Section295A #ReligiousSentiments #MaliciousIntent #FIRQuashed #InstagramPost