(1.) PRESENT petition has been preferred for the relief of quashing the First Information Report dated 12.11.2010 registered at case crime No. 572 of 2010 under sections 306, 504, 120 B I.P.C PS Prem Nagar District Jhansi attended with the relief of writ of mandamus commanding the respondents not to arrest the petitioners for the aforesaid offences.
(2.) THE first information report it would appear, was lodged by the respondent no. 4 namely, Savitri Devi, who happens to be the mother of the deceased Laxman Ahirwar alleging that her son had tied nuptial knots with one Smt Anita on 1.2.2010 and that after sometime of marriage, there was discord between the husband and wife and as a result, Smt Anita left for her parental home in a huff. THEreafter, the deceased endeavoured hard to win her back to her matrimonial house but she refused to relent. In the meantime, it is alleged, the petitioners contacted the deceased and insisted with him to take aid of the Reality show known as "Rakhi Ka Insaf" being exhibited on NDTV Imagine conveying at the same time that it would resolve discord between him and his estranged wife. It is further alleged that the deceased fell prey to the persistent persuasions of the petitioners and he agreed to participate in the Reality show and consequently, he completed all the formalities before participating in the programme. It is further alleged that on 13.9.2010, the deceased alongwith other family members left for Mumbai and when they arrived at Film Studio situated in Goregaon at Mumbai, Smt Aneeta and her family members were already present there. While the programme was being recorded, Rakhi Sawant Anchor of the programme, it is alleged, used the offensive language against the deceased and at one stage, called him impotent (NAMARD) without any valid proof besides insulting him in public. THE aforesaid Anchor also maligned in public Balbir brother of the first informant of his being involved in illicit relationship while using extremely derogatory language against other family members present in the entire programme. When the family members present there remonstrated with the Anchor asking her to desist from using offensive and highly derogatory and abusive language, her bodyguards jumped in the fray and they also hurled unbecoming and offensive language and manhandled the deceased and family members present in the programme. THE aforesaid programme was telecast on TV on 23.10.2010 which was viewed by the entire public of the country. It is further alleged that her son became distraught and distressed on account of his portrayal in unpleasant light in the show and as a result, he was unnerved and slided into trauma and began to dread his own shadow and his condition took a turn for the worse so much so that he hardly slept during night and had developed aversion to the food and whenever he was tried to be mollified, he cried saying that Rakhi Sawant had made his life hell and his life is worse than a death and that he has no desire to live any further in this world and solicited to let him die in peace. He was taken to medical college Jhansi for treatment where he was diagnosed as being tension stricken. It is further alleged that his son was living a normal life before participating in the programme and during the programme he was hurt by the offensive and derogatory words used by Rakhi Sawant and as a result, her son pined away to death.
(3.) BY this reckoning, it is pellucid that there was no objection to the programme being aired and there was no complaint upto the date prior to lodging of the FIR.