Shaadi.com not liable for actions of its users: Allahabad High Court quashes extortion case against CEO Anupam Mittal

The Allahabad High Court has ruled that matrimony match website Shaadi.com cannot be held responsible for the actions of its users [Anupam Mittal v State of UP and 2 Others]..The Division Bench of Justice Siddhartha Varma and Justice Madan Pal Singh said that since the marriage portal is only an intermediary governed by the Information Technology (IT) Act and the rules framed under the Act, it is exempt from the liabilities.“This Court finds that the petitioner was only a facilitator of exchanging of information and, therefore, for what a “third party” does on the platform could not make the intermediary liable for his or her act,” the bench said.The Court made the observations quashing a case of cheating, extortion and obscenity against Anupam Mittal, the matchmaking platform’s founder and chief executive officer (CEO). .The criminal case under various provisions of Indian Penal Code (IPC) and Section 67 of Information Technology Act was registered against Mittal in 2022 following a Shaadi.com user’s complaint that the platform was being used for promotion of obscenity by verified profiles.In particular, the complainant alleged that a woman had gone to the extent of capturing his obscene videos and was blackmailing him and demanding extortion money. The complainant claimed that the platform’s customer care and Mittal had failed to address his grievances in this regard..In the judgment passed on September 23, the Court said an intermediary definitely would not be responsible for the actions of candidates, whose profiles have been accepted by it.“As and when complaints were received actions were definitely taken and we also definitely find that the intermediary i.e. the company of which the petitioner was a Chief Executive Officer had the protection of Section 79 (1) and (2) of the IT Act and there was definitely no abetment from the side of the company which was running the platform,” it added.The Court also noted that investigation could not have proceeded against Mittal as the company was not made a party to the offence. “The petitioner Anupam Mittal could not be alleged to have committed any offence in his personal capacity. Also, we find that the informant who was aggrieved by the acts of the participants on the platform was not harassed on his personal social media pages. Also, despite the harassment he had continued with the platform. He could have easily withdrawn from the platform,” it said..Since the Court found the offences not made out against Mittal, it proceeded to quash the First Information Report (FIR) registered against him by Agra Police.Senior Advocate Manish Tiwari with advocates Anurag Vajpeyi and Pranav Tiwary represented Mittal.Advocates Ajay Kumar Chaurasia and Sunil Kumar Gaur appeared for the respondents.[Read Judgment]