The Bombay High Court recently quashed an FIR registered against a retired professor who was accused of sending an obscene and objectionable message to a female colleague. The decision was made after the court acknowledged that the accused was suffering from a mental illness, which impaired his judgment at the time of the incident.
The division bench comprising Justices Sarang Kotwal and Shriram Modak noted that the complainant had also given her consent to quash the case. The FIR had been lodged at Malabar Hill Police Station on December 13, 2022.
The court recorded in its judgment:
"She (Complainant) has stated before the Court that she has understood the mental illness from which the Petitioner is suffering. She stated before the Court that she has 'No Objection' for quashing of the proceedings. It is a fact accepted by her that the message was sent unintentionally when the Petitioner was not in a fit state of mind. In this background, she has given her consent to quash the proceedings. Since she 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."
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The court emphasized that when the complainant realized the professor’s mental health condition, she voluntarily agreed to withdraw the allegations.
Background of the Case
The accused, Kailash Chandak, and the complainant were both professors at a reputed college in South Mumbai. However, in 2022, Chandak retired while the complainant took up employment at another institution. On December 12, 2022, Chandak sent an obscene message to the complainant via WhatsApp, which prompted her to file an FIR the next day.
The Malabar Hill Police Station registered the case under:
- Section 354-D of the Indian Penal Code (Stalking)
- Section 67 of the Information Technology (IT) Act (Transmitting obscene material through electronic means)
In his defense, Chandak stated that he was suffering from a mental imbalance and submitted a medical report from a psychologist to support his claim.
During the court proceedings, the complainant filed an affidavit expressing her willingness to withdraw the FIR. The affidavit stated:
"Because of mental impairment of his faculties, the Petitioner was unable to judge the right social behavior and in that state, unintentionally sent the offending WhatsApp message. After coming to know about the Petitioner's mental illness, she decided to withdraw her allegations."
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Considering these submissions, the court ruled that it was in the interest of justice to quash the FIR.
The court ordered:
"The C.R. No.380 of 2022 registered with Malabar Hill Police Station and the consequent proceedings i.e., C.C. No.331/PW/2023 pending on the file of Judicial Magistrate First Class, 40th Court, Girgaum, Mumbai, are quashed and set aside."
With these observations, the petition was disposed of.
Legal Representation
- Advocate Sanjay Bhatia represented the petitioner.
- Advocate Neha Kamble appeared for the complainant.
- Additional Public Prosecutor B.V. Holambe – Patil represented the State.
Case Reference: Kailash Chandak vs. State of Maharashtra (Writ Petition 1419 of 2025)
