Justice Milind Jadhav accepted the student's petition seeking the quashing of the case, stating that the mere possibility of a post causing dissatisfaction or resentment does not justify criminal proceedings. He emphasised that criminal law cannot be invoked simply because certain content is considered objectionable. The prosecution must establish the essential ingredients of the offences under the relevant legal provisions, which did not appear to be satisfied in the present case.
The student, who is pursuing an engineering course at a college in Pune, had reshared a controversial Instagram post related to the Indian Army's Operation Sindoor in May 2025, during a period of heightened tensions between India and Pakistan. The post allegedly criticised the role of the Indian government.
Following the incident, an FIR was registered against her at the Kondhwa police station in Pune. The complaint alleged that the student's post could hurt religious sentiments and potentially create communal tension.
As the controversy escalated and she began receiving threats, the student removed the post within approximately two hours of sharing it. She also subsequently issued a public apology. Despite these steps, she was arrested.
The controversy also had consequences for her academic career. The college described the social media post as objectionable and expelled the student from the institution. The college alleged that her post had damaged its reputation and could adversely affect the atmosphere on campus.
Earlier, the court had granted interim relief to the student, allowing her to appear for examinations. It had also considered the police action to be arbitrary.
In its latest decision, the Bombay High Court accepted the student's plea to quash the FIR, observing that the possibility of a post causing resentment or dissatisfaction alone cannot justify criminal prosecution. The court also noted that merely treating content as objectionable is insufficient to invoke criminal law without establishing the necessary elements of the alleged offences.
The ruling provides relief to the student, who had faced criminal proceedings, arrest and expulsion from her college over the social media post. The court's observations underscore the need for the prosecution to establish the legal requirements of the alleged offences rather than relying solely on the possibility that a post could cause offence or communal tension.
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