In a significant ruling, the Gujarat High Court on August 4 quashed an FIR against a man accused of uploading obscene photographs of his wife on social media, but imposed a cost of ₹25,000 on him, citing his serious misconduct.
The case was heard by Justice Hasmukh D. Suthar, who noted that although the couple had resolved the matter amicably, the husband’s objectionable actions could not be overlooked.
The petitioner—who is also the husband of the complainant—had approached the Court seeking to quash the FIR registered against him under Sections 66(e) and 67 of the Information Technology Act and Sections 351(2) and 356(2) of the Bharatiya Nyaya Sanhita, 2023. Advocates K.T. Beladiya and Manan Maheta represented the petitioner and the State respectively.
During the hearing, both parties confirmed that a mutual settlement had been reached. However, the Court expressed strong disapproval of the husband’s conduct. Justice Suthar remarked:
“Though dispute is settled between the parties, but considering the conduct of the petitioner being husband has sought obscene photographs of his wife and not only that he even viral the said photographs on social media, a cost of Rs.25,000/- is imposed upon the petitioner.”
The Court observed that continuing the criminal proceedings would serve no purpose given the low likelihood of conviction and would only cause undue hardship to the petitioner. Relying on Supreme Court precedents and invoking Section 528 of the Cr.P.C., the Court quashed the FIR and all consequential legal proceedings.
While allowing the application, the Bench clarified that the ₹25,000 cost was imposed “to mark the seriousness of the petitioner’s act and as a cautionary step.”
The ruling underscores that even in cases resolved amicably, the judiciary may intervene to uphold accountability in instances of grave personal misconduct.
Case: Sahdev Ranchodbhai Brahman vs State of Gujarat & Anr – Available on LAWFYI.IO
