Pune Student Gets Relief as Bombay HC Quashes Reposting FIR

The Bombay High Court has set aside an FIR filed against an engineering student from Pune, Khadija Shahabuddin Shaikh, for reposting a social media post related to Operation Sindoor. The court ruled that identifying a post as objectionable does not, on its own, justify initiating criminal proceedings. It said that the allegations must also show the necessary legal ingredients of the offences charged.

In its October 27 order, the bench led by Justice Milind N. Jadhav noted that the student had not authored the original content. She had shared it on her Instagram profile and taken it down within about two hours. She then issued a public apology expressing regret over the post.

The FIR was registered at the Kondhwa police station on May 9, 2025, after a police constable saw the post during a patrol on May 7, 2025. The allegation was that the post, which referred to the India-Pakistan war, could provoke religious sentiments and raise fears of communal tension.

Arguing for the student, her counsel said she had not prepared the original post and had removed her repost within two hours. He pointed out that she had apologised and that the FIR did not contain adequate evidence of criminal intent. He also said she had no prior criminal case, and warned that the continuation of criminal action could affect her career.

Appearing for the state, Public Prosecutor Amit Palkar opposed the petition. He said that although the original post belonged to someone else, sharing it again helped it circulate and could hurt religious feelings. According to him, taking the post down and apologising did not automatically erase criminal responsibility.

After examining the arguments from both sides, the court observed that the possibility of causing displeasure or unrest is not sufficient reason to put a person on criminal trial. It stressed that the court must also determine whether the constituent elements of the offence exist under the law.

The court found that the FIR did not contain sufficient material to show that the act of resharing the post fulfilled the essential elements of the charges under relevant provisions of the Bharatiya Nyaya Sanhita. It also noted that no real incident of community tension resulting from the post had been placed before it.

The bench added that the student did not continue to circulate the content after deleting it, and no specific material indicated a planned effort to promote religious hostility.

Considering her youth and future, the court held that a mistake made at a young age cannot be treated as a deliberate criminal act in the absence of material proving the required elements of the charges. It also remarked that the goal of a trial and punishment should be reform rather than only punishment. The court observed that she had already spent time in custody and that this could have an effect on her future.

Allowing her petition, the court ordered that the FIR registered at the Kondhwa police station be quashed.