Himachal Pradesh high court on Wednesday quashed the FIR against internet search engine — Yahoo.com — for allegedly posting pictures of SFI activists protesting at Himachal Pradesh University with a report on students raising pro-Afzal slogans at a university in West Bengal.
The court ruled, “Since the parties have amicably resolved the matter and moreover, the petitioner has also prominently published a public apology on its website on February 25, 2016 and Feb 26, no useful will be served by keeping the FIR proceedings pending.”
Justice Rajiv Sharma, hearing the petition filed by Yahoo India Private limited, directed the petitioner (Yahoo) to deposit Rs 2 lakh in the court within one week.
Yahoo’s counsel Randeep Singh Rai argued that registration of FIR was bad in law since it was in contravention of the provisions of Section 196 of the CrPC and his client had no mens rea (criminal intent) to commit an offence and the essential ingredients of section 505 (2) of the IPC were not attracted. On Tuesday, when yahoo filed the petition for quashing the FIR, Rai had apprised the court that his client was ready and willing to pay compensation of `2 lakh to the respondents.
An FIR was registered on February 21 on the complaint of Vikram Kayath of the Student Federation of India. The student body had alleged that a report was published on Yahoo.com titled “Now, Jadavpur varsity students raise pro-Afzal slogans” but the picture was that of a protest held by SFI activists in Himachal Pradesh University.
{{/usCountry}}An FIR was registered on February 21 on the complaint of Vikram Kayath of the Student Federation of India. The student body had alleged that a report was published on Yahoo.com titled “Now, Jadavpur varsity students raise pro-Afzal slogans” but the picture was that of a protest held by SFI activists in Himachal Pradesh University.
{{/usCountry}}The complainant said in the FIR that this was an attempt to defame him and the organisation (SFI).