Bombay High Court Refuses To Quash FIR Against Woman For Mocking 'Operation Sindoor' With Laughing Emoji & Calling India ‘Makkar’ In WhatsApp Group

The Bombay High Court has refused to quash FIR against a woman who mocked Operation Sindoor with laughing emoji and called India, "Makkar" in the WhatsApp group.

The Court was considering a Writ Petition seeking quashing of an FIR registered for the offences punishable under Sections 152, 196, 197, 352 and 353 of the Bharatiya Nyay Sanhita, 2023.

The division bench of Justice A S Gadkari and Justice Rajesh Patil observed, "The intention of the Petitioner becomes an essential ingredient to be judged with the kind of language she has used for India and more particularly when the whole country was feeling proud of our army. She could have probably avoided reacting with a laughing emoji, when others were celebrating the event of successful mission of the Indian Army of ‘Operation Sindoor’."

The Petitioner was represented by Advocate Harshad Sathe while the Respondent was represented by Additional Public Prosecutor M. M. Deshmukh.

Facts of the Case

In the FIR it was alleged that, both the Petitioner and the first informant were residing in the same Housing Society in Pune City and a WhatsApp group was created by a female member of the Society with 380 members. They praised the Indian Armed Forces for conducting 'Operation Sindoor' on the day of its happening and started sending their commending messages in the group. However, the Petitioner sent a message stating that, 'we have T.V. and mobiles, therefore, the group should not be used as a National News Channel' to which one of the group member replied saying that, it was perfect time to show solidarity towards the Nation, Army and Prime Minister, ending her message with words ‘Jai Hind, Jai Bharat’. To which a few other members replied 'Jai Hind'. Immediately the Petitioner reacted with laughing emoji. Thereafter there were certain exchange of WhatsApp messages. The Petitioner subsequently sent few more messages on the said WhatsApp group and also updated WhatsApp status with a link of a Facebook video to which some of the members of the WhatsApp group who were known to the Petitioner, objected. The Petitioner went ahead and also sent further messages which were against the Prime Minister and also against the country. Based on such WhatsApp messages sent by the Petitioner, the FIR was lodged by the First Informant against the Petitioner.

The Petitioner contended that she was mentally not in a sound condition, when the alleged incident took place and has apologized for the same. It was further submitted that Notice under Section 41-A of the Code of Criminal Procedure was not served by a recognized method and was only served on WhatsApp belatedly. It was also averred that there are no merits in the contents of the FIR, hence no purpose would be served if it is kept pending.

On the other hand, the Additional Advocate General pointed out that the Ptitioner is accused of uploading scene/picture of burning Indian National Flag on her WhatsApp status and she was also accused of uploading derogative remarks against the country by using the word “Makkar" and therefore a prima-facie case is made out against her.

Reasoning By Court

The Court at the outset observed that though the Petitioner tendered her apology to the Complainant, innumerable damage has already been caused by the Petitioner’s messages which were circulated.

"It is the petitioner’s claim that her maternal and paternal families hail from Pakistan, in such a situation she making such a derogatory statement against India will have some bearing on the situation then prevailing and as to the statement/s she made. Her statement had come immediately after the Indian army successfully conducted the ‘Operation Sindoor’ therefore her such statement and her own WhatsApp status had created a high possibility of stirring up with the emotions in group of people on the WhatsApp group and subsequently others going to the local police station and raising slogans and ‘dharna’ thereby insisting police to take action against the petitioner. What is expected of a prudent person is that, before putting up any kind of message on social group, a person like the petitioner who is educated and teacher by profession should also think about the pros and cons which might occur due to sending online messages through her social media account (WhatsApp). In such a situation, she subsequently adopting a defence that, she has now realized those messages were controversial and posted them due to her deranged mental condition will not be helpful to her, as it will be duty of police to further investigate and find out in these circumstances where she herself claims that families of her father and mother are from the neighbouring country, Pakistan," the Court observed.

Noting that the Police are yet to file chargesheet, it opined therefore, at this stage, the FIR cannot be quashed.

"After considering the contents of FIR and the various documents on record, we are satisfied that it constitut s the ingredients of the alleged offences. Also taking into account the law as laid down by the Supreme Court in the judgments referred above, we find that there is no merit in the present Petition and the same deserves to be dismissed," the Court observed.

The Petition was accordingly dismissed.

Cause Title: Ms. Farah Deeba vs. The State of Maharashtra (2025:BHC-AS:31771-DB)

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