Gujarat High Court Quashes FIR Over Offensive Youtube Videos Against Arya Samaj And Its Founder But Imposes ₹50K Fine

The Gujarat High Court has quashed the FIR lodged by the Ahmedabad cybercrime cell against one Yash Vishnudutt Tiwari for allegedly hurting religious sentiments through offensive YouTube videos targeting the Arya Samaj.

The FIR was registered under Sections 295A, 505(1)(b), and 153A of the Indian Penal Code, along with Section 67 of the Information Technology Act.

The complaint was lodged by Rajeshbhai Pravinchandra Parekh in November 2023, alleging the use of abusive language against Maharshi Dayanand Saraswati and the Arya Samaj via a YouTube channel titled "Arya Samaj Exposed" and memes shared on a Telegram channel, which purportedly disturbed public peace and law and order in Ahmedabad.

Justice Nirzar Desai quashed the charges as the complainant was unwilling to pursue the case, with Tiwari ordered to deposit Rs. 50,000 towards litigation costs.

This decision follows a similar case where the High Court imposed a fine of Rs. 1 lakh on Manohardas Biharidas Ramvat for making offensive comments against the Arya Samaj on a YouTube channel.

Tiwari's counsel submitted before the Court that his dispute with Parekh had been amicably resolved, and continuing the proceedings would cause hardship to the applicant. Parekh filed an affidavit confirming the resolution of the dispute through the intervention of trusted society members.

After hearing from the advocates and reviewing the facts and Supreme Court decisions, the Court stated, “it appears that further continuation of criminal proceedings in relation to the impugned FIR against the applicant would be unnecessary harassment to the applicant.”

Taking into account the nature of the dispute, the Court opined, “I am of the opinion that the matter requires consideration. It appears that the trial would be futile and further continuance of the proceedings pursuant to the impugned FIR would amount to abuse of process of law and hence, to secure the ends of justice, the impugned FIR is required to be quashed and set aside in exercise of powers conferred under Section 482 of the Code.”

Consequently, the application was allowed, and the impugned FIR was quashed and set aside.

Case Title: Yash Vishnudutt Tiwari Versus State Of Gujarat & Anr.

LL Citation: 2024 LiveLaw (Guj) 111

Click Here To Read The Judgement