Madhya Pradesh High Court refuses to Quash FIR against Ekta Kapoor

The acceptable norms of permissiveness in the society cannot be equated with declining moral values. What is patently obscene from an ordinary person’s point of view, would remain to be so for all times to come. There is always a thin line between what are acceptable limits of display of physical intimacy and obscenity. In this case the complaint has submitted that a particular scene in the series ( where army uniform is worn while committing intimate activities ) breaches the sanctity of the National Emblem, amounting to its dishonour.
Then court was hearing an application under Section 482 of CrPc filed by Ekta Kapoor seeking quashment of FIR filed against her for allegedly spreading obscenity, hurting religious feelings and improper use of national emblem in her web show XXX Season 2. Kapoor though moved the High Court stating that she did not have knowledge of contents of episode as her name wasn’t reflected in credits for episode. Rejecting the argument HC stated that she is held being the Managing Director of channel and is presumed to have knowledge about the contents of the episode.
Kapoor argued that the episode does not depict obscenity and the impugned scene of physical intimacy are not graphic in nature but are simulated. The court however held that it cannot be stated outrightly that material is not obscene in nature. Kapoor had then contended that the impugned material was available to be watched only by adults. Rejecting this submission as irrelevant the court held if material is obscene, it is immaterial that a subscriber is major in terms of age. The Madhya Pradesh High Court refused to quash the FIR registered against Ekta Kapoor managing director of ALT Balaji.

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