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A Division Bench of Allahabad High Court has quashed the First Information Report (FIR) registered against Farhan Akhar, Ritesh Sidhwani and others for allegedly depicting the city Mirzapur in a bad light and hurting sentiments of Brahmin Samaj in the web series 'Mirzapur'.

The bench comprising Justices MC Tripathi and Subhash Vidyarthi held that there were no allegation in the entire FIR that any content shown in the series portrays any particular religion in a bad light and which can possibly hurt the religious feelings of a class of citizens.

Court further noted that there was also no allegation in the F.I.R. that “sexually explicit act or conduct” has been shown in the series which is essential to incriminate under Section 67 A of the IT Act.

Accordingly, court held that the FIR which was registered on January 17, 2021 in district Mirzapur of Uttar Pradesh under sections 295-A, 504, 505 and 34 of the IPC and Section 67-A of the IT Act, was liable to be quashed. 

The informant, namely Arvind Chaturvedi, a native of Mirzapur, had alleged that that ‘certain’ content in the series depict Mirzapur as antisocial and infested with crime. He had also said that the show promotes illicit relationships along with portraying a polluted picture of the legal and judicial system.

He had emphasized that Mirzapur is a holy city belonging to the goddess Vindhyavasini which is the centre of the belief and inspiration for the entire world and the series being far away from the social structure and normal life of the common man of Mirzapur, hurts his religious, social and regional feelings.

Chaturvedi had also alleged that the webseries also spreads hatred and corrupt mindset in the society for it deliberately depicts a Brahmin family (Tripathi family) having illicit relationship between family members and usage of excessive abusive language. 

However, contending Chaturvedi's allegations, the web series makers, had pointed out that the series was purely a work of fiction, which was also clarified by way of a disclaimer at the start of each episode. 

They had also asserted that the said disclaimer also stated that the makers of the show respect all faiths and religions and that all places and events in the said series are completely fictional.

Furthermore, the counsel for the accused had also avered that import of Section 295-A I.P.C.(deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or reli­gious beliefs) is to curb speech made with malicious intent and not each and every offensive speech. 

Taking note of submission by both the parties, the court held that the allegations in the FIR were not as such that the series portrays a particular religion or a class of citizens in a bad light. Court noted that it was the informant alone whose religious,social & regional sentiments had been hurt.

Therefore, court quashed the FIR which had also named Bhaumik Gondaliya and OTT Platform Comany Web Series Amazon Prime.

Cause Title: Ritesh Sidhwani and Another v. State of U.P. and 2 Others