HC: Cybercrimes affect society, compromise cannot quash FIRs
JODHPUR, May 9 -- The Rajasthan high court, while refusing to quash a cyber fraud FIR on Thursday despite a compromise between the complainant and the accused, observed that cyber crimes have wider societal ramifications and cannot be treated as private disputes between individuals.
Justice Baljinder Singh Sandhu held that offences involving identity theft and cheating through electronic means impact the digital ecosystem and erode public trust in online transactions.
"Cyber crimes are therefore not merely disputes between private individuals but are offences which affect the digital ecosystem and public confidence in electronic transactions," the court observed while dismissing two miscellaneous petitions seeking quashing of an FIR.
The bench said: "Permitting quashing of such offences solely on the basis of compromise between the parties would defeat the purpose and object of the legislation enacted to curb cyber crimes."
Counsel for the petitioners argued that the dispute had been amicably resolved and the complainant no longer wished to pursue the case.
Opposing the plea, the prosecution contended that cyber offences are not merely personal disputes but offences affecting society at large.
The cour noted that the allegations in the FIR disclose commission of offences involving cheating and impersonation through electronic means, wherein the accused by posing as police/CBI officials through phone calls and electronic means, induced and coerced the complainant to transfer substantial amounts of money.
"Such offences are capable of affecting a large number of unsuspecting persons who rely upon digital platforms and electronic communication for financial and commercial transactions. In such circumstances, the offence assumes a character which transcends the private dispute between the parties and enters the realm of public interest," the court said....
इस लेख के रीप्रिंट को खरीदने या इस प्रकाशन का पूरा फ़ीड प्राप्त करने के लिए, कृपया
हमे संपर्क करें.