Not In A Fit State Of Mind: Bombay High Court Quashes Criminal Case Against Retd. Professor Who Sent Obscene Message To Ex-Colleague
The Bombay High Court noted that the Petitioner, accused under Section 354D of the IPC and Section 67 of the IT Act, had submitted that he was suffering from a mental imbalance.
The Bombay High Court quashed criminal proceedings against a retired professor accused of sending an obscene message to an ex-colleague, noting that he was not in a fit state of mind and that the parties had settled the matter.
The professor (Petitioner), accused under Section 354D of the IPC and Section 67 of the Information Technology (Amendment) Act, 2008 (IT Act), had submitted that he was suffering from a mental imbalance. The Court noted that the complainant had “no objection” to quashing the proceedings and accordingly, stated that there was no purpose for continuing with the prosecution.
A Division Bench of Justice Sarang V Kotwal and Justice SM Modak held, “As can be seen from the above discussion, it is a fact accepted by the Respondent No.1 that the message was sent unintentionally when the Petitioner was not in a fit state of mind. In this background, the Respondent No.1 has given her consent to quash the proceedings. Since the Respondent No.1 herself is convinced that it was because of the Petitioner’s mental illness, this message was sent, no purpose will be served in continuing with the prosecution. It would be in the interest of justice to quash the proceedings.”
Advocate Sanjay Bhatia appeared for the Petitioner, while Advocate Neha Kamble represented the Respondents.
Brief Facts
The Complainant in her FIR had alleged that the Petitioner had sent her an obscene and objectionable WhatsApp message. Both the Complainant and the Petitioner were former colleagues at a reputed college in South Mumbai. The Complainant had later moved to another job, and the Petitioner had retired from service.
The Petitioner submitted a medical report from a psychologist confirming that he suffered from Frontotemporal Lobar Degeneration (FTLD). The Complainant, upon learning about his medical condition, stated in an affidavit of consent that she was unaware of his illness at the time of filing the complaint and now had no objection to quashing the proceedings.
Court’s Reasoning
The Court noted that the Complainant had reiterated her consent in the Court and held that continuing the prosecution would serve no purpose given the circumstances of the case.
“Because of mental impairment of his faculties, the Petitioner was unable to judge the right social behaviour and in that state, unintentionally sent the offending Whats-App message to the Respondent No.1. After coming to know about the Petitioner’s mental illness, she decided to withdraw her allegations. According to her, she has filed this Affidavit giving her consent for quashing of these proceedings,” the Bench noted.
Consequently, the Court ordered, “The C.R. No.380 of 2022 registered with Malabar Hill Police Station and the consequent proceedings pending on the file of Judicial Magistrate First Class, 40th Court, Girgaum, Mumbai are quashed and set aside.”
Accordingly, the High Court disposed of the Petition.
Cause Title: Kailash Hanumandas Chandak v. Ruchita Kalpesh Kenia & Anr. (Neutral Citation: 2025:BHC-AS:13343-DB)
Appearance:
Petitioners: Advocate Sanjay Bhatia
Respondent: Advocate Neha Kamble; APP B.V. Holambe Patil
