JUDGMENT :

Sanjay Dhar, J.

1. Petitioner has filed the instant petition under Section 561-A of the Jammu and Kashmir Criminal Procedure Code seeking quashment of FIR No. 26/2018 registered by Police Station, Kothibagh Srinagar, for offence under Section 505(1)(b) RPC.

2. It appears from the record that associations of some travel agents had lodged a complaint with SHO, P/S Kothibagh, Srinagar, alleging therein that on 03.04.2018 petitioner had published a news item in daily Times of India titled "Stone pelters in J&K now target tourists, four women injured". As per the complaint, the news item is based on false information and malicious intention with a view to disrupt peaceful tourist season and to create an atmosphere of threat amongst citizens of the Country. The complainant went on to allege that the incident reported in the news item had, in fact, not taken place at all. On the basis of this complaint, FIR No. 26/2018 for offence under Section 505(1)(b) of RPC was registered with Police Station, Kothibagh, Srinagar.

3. It is contended in the petition that though the incident of stone pelting on tourists was denied by Police Media Centre but it has, in its media briefing, admitted that two tourists got minor injuries on 1st April when the vehicles in which they were travelling came in the middle of an area where stone pelting was going on. It is further contended that the allegations made in the complaint do not make out any offence against the petitioner and, therefore, the FIR is liable to be quashed. The petitioner has also contended that he is a renowned and reputed news reporter of a premier and prestigious newspaper of the Country and he had under a bona fide belief and in good faith reported the incident of stone pelting on tourists, which incident has also been acknowledged by the police, therefore, registration of FIR against him amounts to abuse of power and an attempt to gag freedom of speech and expression of the petitioner.

4. Respondents have filed their response/status report in which they have contended that the FIR was registered on the basis of a report lodged by one Ashfaq Sidiq S/o Gh. Mohammad R/o 2nd Cross Road behind Hotel Park Boulevard Road, Srinagar, and during investigation of the case, the newspapers (Times of India) dated 03.04.2018 and 04.04.2018 were seized and statements of witnesses under Section 161 of Cr.P.C. were recorded. According to the respondents, offence under Section 505 (1)(b) RPC stands established against the petitioner.

5. During the pendency of the petition, an affidavit dated 21st September, 2020, came to be filed by the complainant Ashfaq Sidiq wherein he has submitted that he has entered into an understanding with the petitioner and that he is no more interested in pursuing the case against the petitioner.

6. I have heard the learned counsel for the parties and perused the record of the case.

7. It is the contention of the petitioner that the contents of the FIR taken at their face value do not fulfill the ingredients of an offence under Section 505(1)(b) of RPC and, as such, the FIR is liable to be quashed. In order to test merits of this argument, the provisions contained in Section 505(1)(b) of RPC are required to be noticed. The same read as under:

"505. Statement conducting to public mischief.--(1) Whoever makes, publishes or circulates any statement, rumour or report,--

(a) xxx xxx xxx

(b) with intent to cause, or which is likely to cause, fear or alarm to the public, or to any section of the public whereby any person may be induced to commit an offence against the State or against the public tranquility;

(c) xxx xxx xxx

shall be punished with imprisonment which shall not be less than three years but may extend to ten years and shall also be liable to fine.

(2) xxx xxx xxx

(3) xxx xxx xxx

Exception --It does not amount to an offence, within the meaning of this section when the person making, publishing or circulating any such statement, rumour or report, has reasonable grounds for b