IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Reserved On: 04.12.2025 Pronounced on: 19.12.2025 Uploaded on: 19.12.2025 XXXX ... Petitioner VERSUS STATE OF HARYANA AND ANOTHER ... Respondents CORAM: HON'BLE MS. JUSTICE SHALINI SINGH NAGPAL Argued by: Mr. Bijaynanda Mishra, Advocate with CCL in person.

Mr. Ved Parkash, Sr. DAG Haryana.

Mr. P.S. Ahluwalia, Sr. Advocate with Mr. Jaiveer Singh and Mr. Ankit Midha, Advocates for respondent No. 2.

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SHALINI SINGH NAGPAL, J.

1. Prayer in the petition under Section 482 Cr.P.C. is for quashing of FIR No. 253 dated 20.04.2018 under Sections 354-D, 384, 468, 506 Indian Penal Code, Section 65 of Information Technology Act, Police Station Suraj Kund, District Faridabad and all subsequent proceedings arising therefrom, including challan dated 08.10.2018 presented against the petitioner under Sections 468, 509, 201, 506 IPC and Sections 65, 66C, 67-B of the Information and Technology Act, Sections 10 and 12 of POCSO Act and Sections 3-33-39 of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

2. FIR was registered on the complaint dated 04.04.2018 of mother of minor prosecutrix, who alleged that her g-mail account was hacked on 23^rd(Friday). Her recovery e-mail ID and her phone number was also changed by some unknown person. G-mail account of her daughter, aged 16 years and her Instagram account were also hacked. The hacker had been sending body shaming comments, humiliating, derogatory comments to her daughter causing mental harassment to them. He had been using various fake accounts to blackmail and harass her daughter. The details of the 09 Instagram accounts used by the hacker were mentioned in the complaint. Complainant further alleged that on 18.12.2017, her daughter received her fake Aadhar Card from gaming network-g-mail.com. Their laptop had also been hacked in this period. Her daughter’s hacked g-mail account was used by the unknown person, who had sent nude edited(morphed) pictures of her daughter to one of her classmate. Immediate legal action was prayed for as her daughter’s honour was at stake and the hacker could make the morphed pictures viral.

3. On the complaint, FIR was registered under Section 354-D, 384, 468, 509 IPC, 65/66-C IT Act and Section 12 Protection of Children from Sexual Offences Act, 2012. Notices under Section 91 Cr.P.C. were issued to Instagram, Google, Reliance Jio, BSNL and replies were received. As per reports received, I.P. addresses used at the time of login/log out of the g-mail account of minor prosecutrix `was of landline number installed in the house of CCL, in the name of his father and Reliance Jio mobile number in the name of his brother, which the CCL used. IP address used in login/log out of the Instagram account of minor prosecutrix was also of Reliance Jio mobile, in the name of brother of CCL, which the CCL used. On 26.04.2018, statement of the minor prosecutrix was recorded by learned JMIC under Section 164 Cr.P.C.

Relevant portion thereof is reproduced as under:

“I and CCL are acquaintances, studying in the school. He got my number from whatsapp group and started calling me at late hours. Despite repeated requests, he did not mend his ways. On 28.12.2017, I informed my parents. He wanted me to go outside with him without intimating my parents. To show that we were adults, he forged my Aadhar Card and changed my date of birth. My father spoke to his mother. On 10.01.2018, he intimidated me. Thereafter, he sent me a handwritten letter mentioning that he had hacked her inappropriate pictures. School authorities were intimated but no constructive action was taken. Thereafter, I started getting threats from different accounts on instragram. My Instagram account and three g-mail accounts were hacked. Inappropriate video and pictures were made to one Kartik Rawat. The matter was reported to school authorities but the school authorities made me sit at home. I was not allowed to attend the school. All these acts w