Complaint via WhatsApp amounts to substantial compliance with law for filing FIR: Jammu and Kashmir High Court

The High Court of Jammu and Kashmir and Ladakh recently observed that a complaint sent to the police through WhatsApp amounts a substantial compliance of Sections 154 (1) and 154 (3) of the Code of Criminal Procedure (CrPC), which deals with the filing of a first information report (FIR) [Dilshad Sheikh and others V/s Sabha Sheikh]..Justice Javed Iqbal Wani made the observation while hearing a plea challenging a criminal complaint, the details of which were initially sent to the police via WhatsApp and email. .The complaint was eventually taken note of by a magistrate who ordered further inquiry by the police, after the complainant made an application under Section 156 (3) of the CrPC before the said magistrate.The question before the High Court was whether the criminal complaint based on an application under Section 156 (3), CrPC would stand, which in turn depended upon whether the complainant had first approached the police by filing a complaint under Sections 154 (1) and 154 (3), CrPC..Justice Wani has held that this was substantial compliance of Sections 154 (1) and 154 (3), CrPC when the complainant forwarded the details of the complaint via WhatsApp and email to the police officials concerned. As such, the Court held that the complainant has seemingly complied with the requirements to approach the magistrate with an application under Section 156, CrPC. "Even if it is assumed that the Whatsapp chats and the email aforesaid were not part of the complaint at the time of its filing before the Magistrate as at this stage while examining the validity of the complaint as also the impugned order, non-filing of the same before the Magistrate would be having no effect on the merits of the application now in view of the said material being available before this court," the Court added. .In this case, the complainant (respondent) had forwarded her complaint through WhatsApp chats to the Station House Officer (SHO) of the local police station on multiple occasions.She had also lodged a complaint on the same lines before the Senior Superintendent of Police. However, when no action was taken on these complaints, she approached the magistrate concerned with an application under Section 156 (3), CrPC, urging the magistrate to direct the SHO to take necessary action..This application was disposed of by a Srinagar court by directing the SHO concerned to conduct a preliminary enquiry in the matter and to register an FIR if a cognizable offence is made out..This order for a preliminary inquiry was challenged before the High Court by the petitioner, who contended that the complainant (respondent before the High Court) did not adhere to the legal requirements for filing a police complaint under Sections 154 (1) and 154 (3), CrPC..The complainant countered that she had followed the correct procedure by initially reporting her grievance to the police and providing evidence through WhatsApp chats and emails..The Court concluded that this was substantial compliance of Sections 154 (1) and 154 (3), CrPC and opined that the complainant-respondent can safely be said to have complied with the requirements for invoking the provisions of Section 156 (3), CrPC..The filing of the complaint by the complainant-respondent herein and its entertaining by the Magistrate and passing order can not be found fault with, the Court said."In view of the aforesaid facts and circumstances, the filing of the complaint/application by the respondent herein and its entertaining by the Magistrate and passing of the impugned order cannot be found fault with," the Court held..The Court proceeded to dismiss the petition challenging the filing of the complaint, after also noting that, "criminal proceedings are not to be scuttled in the initial stage and that quashment of a complaint/FIR should be an exception and a rarity."Advocate Areeb Javid Kawoosa appeared for the petitioner, whereas advocate Saqib Shabir appeared for the respondent (complainant)..[Read Judgment]