web-series was hosted2. They are sought to be investigated and
prosecuted for production, transmission, and online publication of
obscene and sexually-explicit material under Sections 67 and 67A
of the Information Technology Act, 20003. The appellants’ petition
under Section 482 of the Code of Criminal Procedure, 19734 for
quashing the orders of the Additional Chief Metropolitan
Magistrate and Additional Sessions Judge directing registration of
FIR against them was dismissed by the High Court by the order
impugned before us.5 Having considered the matter in detail and
for the reasons to follow, we have allowed the appeal, set aside the
judgment of the High Court, and quashed the FIR bearing number
403/2023 dated 16.04.2023 at PS Mukherjee Nagar, Delhi against
the appellants under Sections 67 and 67A of the IT Act.
3.
Facts: The short facts leading to filing of the present appeal
are as follows:
3.1
A complaint was filed by respondent no. 2 before the
Assistant Commissioner of Police that Season 1, Episode 5
of the web-series, titled ‘Happily F****d Up’, has vulgar and
obscene language in its title and various portions of the
Contagious Online Media Network Pvt Ltd.
‘IT Act’ hereinafter.
4
‘CrPC’ hereinafter.
5
In Criminal Miscellaneous Case No. 2399 of 2020, Criminal Miscellaneous Case No. 2215 of 2020 and Criminal
Miscellaneous Case No. 2214 of 2020, judgment dated 06.03.2023 (‘Impugned judgment’ hereinafter).
2
3
2