Dr Kedar Kumar Mandal v. State And ANR
$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3838/2023 DR KEDAR KUMAR MANDAL .....Petitioner Through:
Mr. Medhanshu Tripathi, Mr. Tushar Tokas, Mr. Ajay Kumar Singh and Mr.
Kamlesh Kamal, Advocates alongwith petitioner in person.
Versus
STATE AND ANR .....Respondents Through:
Mr. Sanjeev Sabharwal, APP for the State with Ms. Mansi Sharma, Advocate.
Insp. Sumit, PS Lodhi Colony.
Respondent no. 2 in person.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
O R D E R
% 12.03.2025 1.
This hearing has been done through hybrid mode. 2.
The present petition under Section 482 of the Cr.P.C. seeks quashing of FIR No. 141/2017, under Sections 295A/153A of the IPC, registered at P.S. Lodhi Colony and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Sh. Rahul Jain, JMFC, Saket Courts, Delhi.
3.
The case of the prosecution is that the petitioner who is Assistant Professor in Dayal Singh College, University of Delhi had put a post on his The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Facebook account with regard to mother Goddess Durga and taking the objection to the same respondent no.2, who is also a Professor in Dayal Singh College, University of Delhi, had filed a complaint resulting in the registration of the present FIR.
4.
Learned counsel appearing on behalf of the petitioner submits that on the very next day of the incident, i.e., 24.09.2017 there was an apology published by the petitioner on the aforesaid Facebook account. 5.
Petitioner and the complainant/respondent no. 2 are present before the Court today and have been duly identified by the Investigating Officer, Insp. Sumit, PS Lodhi Colony.
6.
The complainant/respondent No.2 states that he has accepted the apology and has no objection if the FIR is quashed. 7.
It is also noted that no sanction under Section 196 of the Cr.P.C. prosecution of the present petitioner under Sections 295A/153A of the IPC has been given by the competent authority.
8.
In view of the aforesaid circumstances, no useful purpose will be served in continuing with the present FIR No. 141/2017, under Sections 295A/153A of the IPC, registered at P.S. Lodhi Colony and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Sh. Rahul Jain, JMFC, Saket Courts, Delhi. 9.
In the interest of justice, the present petition is allowed, and the FIR No. 141/2017, under Sections 295A/153A of the IPC, registered at P.S. Lodhi Colony and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Sh. Rahul Jain, JMFC, Saket Court, Delhi, is hereby quashed.
10.
Petition is allowed and disposed of accordingly. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
11.
Pending application(s), if any, also stand disposed of. AMIT SHARMA, J MARCH 12, 2025/sn/sc Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.