A single Bench of the Madhya Pradesh High Court, Indore Bench has quashed a criminal proceeding initiated against a Pharma Firm Head for punishing a Condom Ad featuring a couple "Playing Garba" during "Navtrati Time" for allegedly hurting the religious sentiments of a particular community.

Justice Satyendra Kumar Singh quashed the criminal proceedings by making observations that the intention of accused Mahendra Tripathi was to promote his product and not hurt the religious feelings and sentiments of any community.

The accused owner of a Pharma Firm Morphus Pharmaceuticals Pvt. Ltd. ran a promotional offer for free condoms and pregnancy kit for two days during the Navratri Festival of 2018 and also posted an image on whatsapp groups and Facebook page wherein it was captioned "Pre Loveratri Weekend Offer- Condom (pack of 3)/Pregnancy Test Kit at INR 0".

It was argued by the accused before the High Court that the idea behind the advertisement was to inform people that the offer providing free condoms and pregnancy Kits was from 06.10.2018 to 07.10.2018.

Prosecution sanction to lodge the FIR was obtained and it was granted to the complainant Ajay Singh. After Completion of the investigation, police submitted charge-sheet in the case. The accused approached the High Court under section 482 CRPC for quashing of the complaint and charge-sheet.

The High Court after perusing the entire record came to the conclusion that "Since there is nothing on record except the said post which indicates his such intention, therefore, considering the fact that he himself belongs to the Hindu community, and so also the fact that he posted the said image from his own mobile number without concealing his identity. It appears that his intention was just to promote the product of his company and not to hurt the religious feeling and sentiments of any community"

Case Details:-

Mahendra Tripathi Vs. State of Madhya Pradesh

Misc. Criminal Case No. 40839 of 2021