Recently Gujarat High Court quashed the FIR filed by the Ahmedabad cybercrime cell against Yash Vishnudutt Tiwari, who was accused of hurting religious sentiments through his controversial YouTube videos targetting the Arya Samaj.
The complaint filed by Rajeshbhai Pravinchandra Parekh in November 2023 alleged that abusive language was used against Maharshi Dayanand Saraswati and the Arya Samaj in Youtube videos on a channel titled ‘Arya Samaj Exposed' as well as in memes shared on a telegram channel. The complaint claimed that these actions disturbed public peace and affected law and order in Ahmedabad.
Counsel for Tiwari informed the court that the dispute with Parekh had been resolved amicably and that continuing the proceedings would cause undue hardship to the applicant. Parekh submitted an affidavit confirming the resolution through the intervention of trusted society members. After considering the advocates’ arguments and reviewing the facts and relevant Supreme Court decisions, the court stated that ‘it appears that further continuation of criminal proceedings in relation to the impugned FIR against the applicant would be unnecessary harassment to the applicant’.
Justice Nirzar Desai said “i am of the opinion that the matter requires consideration. It appears that the trial would be furtile and further continuance of the proceedings pursuant to the impugned FIR would amount to abuse of process of law and hence to secure the ends of justice the impugned FIR is required to be quashed and set aside in exercise of powers conferred under Section 482 of the Code.”
Hence the court quashed the charges as the complainant was unwilling to pursue the case with the Tiwari ordered to deposit Rs. 50,000 towards litigation costs.
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