Gujarat High Court Fines Man Rs 25K For Sharing Obscene Photos Of Wife Online Despite Settlement
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Despite an amicable settlement, the Gujarat High Court imposed Rs 25,000 costs on a man for uploading his wife’s obscene images on social media. The Court cited his serious misconduct as a husband while quashing the FIR.
Ahmedabad: On August 4, the Gujarat High Court quashed a criminal case against a man accused of uploading obscene photos of his wife on social media, after both parties reached a mutual settlement. However, the Court imposed a fine of Rs 25,000 on the man, taking into account his objectionable conduct.
The case was heard by Justice Hasmukh D. Suthar.
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The man, who is the petitioner and also the husband of the complainant, had approached the Court seeking to quash an FIR that was registered against him for offences under Sections 66(e) and 67 of the Information Technology Act, along with Sections 351(2) and 356(2) of the newly implemented Bharatiya Nyaya Sanhita, 2023.
During the hearing, Advocate K.T. Beladiya appeared for the petitioner, while Additional Public Prosecutor Manan Maheta represented the State. Both sides informed the Court that the matter had been resolved amicably during the pendency of the proceedings.
After going through the submissions and the records, the Court noted that although the dispute had been settled, the conduct of the husband could not be ignored.
Justice Hasmukh D. Suthar made strong remarks on the petitioner’s actions, stating,
“….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 further held that continuing the case would not serve any useful purpose, as the chance of conviction was very low.
Continuing the proceedings would only cause unnecessary trouble and hardship to the petitioner. The Bench relied on precedents laid down by the Supreme Court to arrive at its conclusion and observed:
“Further, the continuance of trial pursuant to the mutual settlement arrived at between the parties would be a futile exercise. Hence, to secure the ends of justice, it would be appropriate to quash and set aside the impugned FIR and all consequential proceedings initiated in pursuance thereof under Section 528 of the Cr.P.C.”
Accordingly, the application was allowed, and the FIR along with all further legal actions related to it were quashed.
However, to mark the seriousness of the petitioner’s act and as a cautionary step, the Court directed him to deposit Rs 25,000 as a cost.
Case Title:
Saahdev ranchodbhai brahman vs. State of Gujarat & Anr
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