The Delhi High Court has quashed an FIR registered against a passenger who used the words "high jacked" in a social media post while expressing frustration over a delayed flight, holding that the material on record did not disclose a prima facie criminal offence. The Court noted that the petitioner immediately clarified the mistake and that there was no intention to create panic.
Background of the Case
The case arose from an incident on 25 January 2023 when the petitioner, Moti Singh Rathore, was travelling on SpiceJet Flight SG-58 from Dubai to Jaipur. Due to severe weather in Jaipur, the flight was diverted to Delhi, resulting in a delay of nearly six hours.
Frustrated by the situation and not being fluent in English, the petitioner posted a tweet stating that the flight had been "high jacked" while tagging the Civil Aviation Minister. Within an hour, he issued two separate posts apologising and explaining that he had mistakenly used the wrong word because of his limited command of English.
Court's Observations
Justice Saurabh Banerjee observed that the sequence of events showed the petitioner had promptly corrected his mistake and had no intention to spread fear or misinformation.
The Court observed,
“Considering the background of the petitioner, his grasp of English language... he soon realised his mistake and corrected himself in less than an hour twice over... the present is a fit case for quashing the FIR.”
The Court also referred to the Supreme Court's decision in State of Haryana v. Bhajan Lal, noting that criminal proceedings may be quashed where the allegations, even if accepted, do not disclose the commission of any offence.
Decision
Allowing the petition, the High Court quashed FIR No. 60/2023 registered at IGI Airport Police Station under Sections 341, 505(1)(b) and 507 of the IPC. However, it directed the petitioner to deposit ₹30,000 with the Delhi High Court Staff Welfare Fund within two weeks and submit proof of payment before the Registry.
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