Sending of vulgar SMS has nothing to do with the civil
dispute between the parties. This is an independent act and offence
not connected with the civil dispute. He is not being prosecuted for an
act which is both of civil and criminal nature. This is an act essentially
of a criminal nature. In the case at hand the contents of F. I. R.10
certainly go to make out a case under Section 67 of Information
Technology Act as well as Section 292 of the Indian Penal Code and
the case does not fall in any of the category as given out in State of
Haryana and others Vs. Bhajan Lal and others reported in 1992
Supreme Court 604.
Sending of Vulgar SMS has nothing to do with Civil Dispute between the parties
Rohit Vedpaul Kaushal Versus State of Maharashtra through Inspector General of Police & Others
CRIMINAL APPLICATION NO. 1879 OF 2007
Coram : JUSTICE C. L. PANGARKAR
Dated : 11-08-2007
Rule. Returnable forthwith.
2. Heard finally with consent of parties.
3. This is an application under Section 482 of Criminal
Procedure Code seeking to quash F. I. R. registered by the police at
Chandrapur.
https://www.lawweb.in/2012/08/sending-of-vulgar-sms-has-nothing-to-do.html