Indian Penal Code, 1860
Sections 147, 149, 323 & 506—Unlawful assembly, assault and criminal intimidation—Petition to quash FIR on the basis of compromise with aggrieved person—Offences under Sections 147 and 149 of IPC are not compoundable under Section 320 of CrPC—Subject to compliance of directions by the petitioners, the prosecution qua the non-compoundable offences can be closed by quashing the FIR and consequent proceedings—As per the FIR, petitioner and second respondent assert themselves as social influencers and content creators on social media—FIR portrays that the motive for violence was some dispute regarding popularity and content creation, in which allegations were leveled against petitioner and his accomplices—While violence portrayed in the media may seem ‘cool’ or entertaining, attracting a wide audience across platforms, such content often serves to further a narrative or garner viewership and associated popularity, influencing societal perceptions detrimentally, illustrating a story, and promoting hero culture—Such actual use of violence in a society cannot be accepted and needs to be condemned—Media influencers with a considerable audience must be sensitized to the message they impart through their actions to their susceptible followers and exhibit socially responsible behavior—To ensure that similar violent acts are not repeated in the future, that impressionable followers do not get influenced by the misdemeanor exhibited by the accused persons, and that the accused are not under the mistaken belief that such instances are taken lightly by the legal system, this Court proposes to quash the FIR in question but with the imposition of certain condition—FIR quashed subject to condition that petitioners and his accomplices refrain from depicting or promoting violence and substance abuse in any of their social media posts or content—Petition allowed.
[Paras 12 to 15]