Refrain From Promoting Violence On Social Media: Punjab & Haryana HC Quashes FIR Against Elvish Yadav

The Bench quashed the criminal proceedings initiated by Sagar Thakur (complainant), known online as ‘Maxtern,’ following a compromise after his complaint of assault and threat to life by Elvish Yadav (petitioner). “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,” the Court remarked.

A Single Bench of Justice Anoop Chitkara observed, “The FIR portrays that the motive for violence was some dispute regarding popularity and content creation, in which allegations were leveled against Elvish Yadav and his accomplices. 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.”

Advocate Manish Soni represented the petitioners, while Addl. AG Rajat Gautam appeared for the respondents.

An FIR was registered under Sections 147, 149, 323, and 506 of the IPC against the social media influencers. The complainant was a well-known content creator with millions of followers on YouTube and other social media platforms who alleged that the petitioner, accompanied by 8-10 individuals, assaulted him and left him nearly unconscious while threatening to kill him.

During the proceedings, both parties reached a settlement which was documented in a Deed of Settlement. Thakur testified before the Judicial Magistrate in Gurugram, expressing no objection to the quashing of the FIR. The Court verified that the settlement was reached without any coercion, influence or threat.

The Bench pointed out that both the complainant and the petitioners “assert themselves as social influencers” and content creators on YouTube, Instagram, and ‘X’ (formerly Twitter). “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,” the Court remarked.

The Court noted that the above-mentioned facts did not affect public peace, tranquillity, the social and moral fabric of society, or public policy. The Court also stated that rejecting the compromise could lead to "ill will" between the parties and that the ongoing trial affected "career and happiness." Given that criminal jurisprudence aims to reform and promote peace in family, community, and society, the Court quashed the FIR under Section 482 CrPC to "secure the ends of justice."

“This Court finds it appropriate to quash the FIR captioned above subject to the condition that the petitioners, Elvish Yadav and his accomplices, namely Lovekesh Kataria, Ajay, and Rustam, refrain from depicting or promoting violence and substance abuse in any of their social media posts or content. If they engage in such behavior, the State of Haryana may apply to this Court for recalling of this order and for restoration of the FIR captioned above,” the Court observed.

Consequently, the Court held that continuing the proceedings against the influencers would “not suffice any fruitful purpose” and thereby quashed the FIR and all subsequent proceedings.

Accordingly, the High Court allowed the petition.

Cause Title: Elvish Yadav & Ors. v. State Of Haryana & Anr. (Neutral Citation: 2024:PHHC:077083)

Appearance:

Petitioners: Advocates Manish Soni, Priyanka Soni, Mohak Arora and Shanika Khurmi

Respondents: Addl. AG Rajat Gautam; Advocates Dharamvir Sharma and S.K. Kaushik

Click here to read/download the Order