The Allahabad High Court has dismissed a petition seeking quashing of an FIR lodged against YouTuber and Instagram influencer Mridul Madhok, accused of body shaming, defaming and making false claims regarding fitness influencer Kopal Agarwal.
The Division Bench of Justice Sangeeta Chandra and Justice Om Prakash Shukla passed this order while hearing a petition filed by Mridul Madhok.
The petition has been filed by the petitioner with the following prayer:-
“(i) issue a writ, order or direction in the nature of Certiorari, thereby quashing the Case under section 318 (4), 336 (3), 356 (2), 79 BNS R/w 67 IT Act, 2008, 63 Copyright Act, Police Station-Kotwali Nagar, District Sitapur as contained in the petition, so far as relates to petitioners.
(ii) issue a writ, order or direction in the nature of Mandamus directing the opposite parties not to Harass the petitioners in Case under section 318 (4), 336 (3), 356 (2), 79 BNS R/w 67 IT Act 2008, 63 Copyright Act. Police StationKotwali Nagar District Sitapur.”
It is the case of the petitioner that he is running a Company. Opposite party No 3 is a Instagram user and projects herself as a Social Media Influencer and regularly posts videos and content on ‘How to reduce weight and stay fit’ and his video is followed by 65.2 thousands persons.
The petitioner has posted a video promoting his product for Weight loss, which had an edited shot clip from the video of respondent as available on Instagram without morphing the same.
Thereafter, the petitioner has received e-mail along with notice dated 08.11.2024 under Section 35 (3) of Bhartiya Nagrik Suraksha Sanhita, 2023 sent by the Investigating Officer requiring his presence before the police in connection with FIR registered under Sections 318 (4), 336 (3), 356 (2), 72 of BNS Act, 2023, Section 67 of the IT Act, 2008 and Section 63 of Copyright Act, at police station Kotwali Nagar, district Sitapur.
It has been submitted by the Counsel for the petitioner that the petitioner has contacted the opposite party no 3, who through some well wisher informs that she is ready for compromise with the petitioner.
“From perusal of the impugned FIR, a cognizable offence is made out against the petitioner and in view of the law laid down by the Apex Court in M/s Neeharika Infrastructure Pvt Ltd vs State of Maharashtra : (2020) 10 SCC 180, we do not find any interference in writ jurisdiction,” the Court observed while dismissing the petition.
“However, we clarify that in case the petitioner is able to convince to opposite party no 3 and enter into a compromise with her, it shall be open for the petitioner to appear before the Investigating Officer along with the compromise, if any, occurring between the parties and it shall be open for the Investigating Officer to take appropriate decision thereon,” the order reads.
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