The Kerala High Court on Wednesday quashed an FIR registered against Malayalam film actor Shwetha Menon over allegations that she had published or transmitted obscene scenes from some of her past films and advertisements. Justice C.S. Dias allowed Menon’s petition seeking the quashing of the criminal case, with the detailed order yet to be released.
The FIR had been registered under Section 67 of the Information Technology Act, which deals with publishing or transmitting obscene material in electronic form, along with provisions of the Immoral Traffic (Prevention) Act. The complaint accused Menon of appearing in allegedly vulgar or obscene scenes in certain films and an earlier advertisement.
The case was initiated on a complaint filed by Martin Menachery, who alleged that Menon had appeared in a condom advertisement years ago and acted in films such as Paleri Manikkyam, Rathinirvedham, and Kalimannu in a manner that he described as vulgar and obscene.
When the matter came up earlier, the High Court had in August last year stayed further proceedings in connection with the FIR. At that stage, the court observed that there appeared to be prima facie substance in Menon’s contention that procedural requirements had not been followed before the complaint was referred for investigation. According to the court, the steps of calling for a police report and conducting an inquiry should have been complied with before initiating the criminal process.
In her petition, Menon argued that the allegations against her were mala fide and that the offences alleged in the FIR were not made out. She also contended that the complaint was filed shortly after she filed her nomination for the post of president of the Association of Malayalam Movie Artistes (AMMA).
Menon was subsequently elected as the president of AMMA.
The actor further submitted that the films mentioned in the complaint had been duly certified by the censor board and had been available in the public domain for several years. She pointed out that her performance in Paleri Manikkyam had earned her the Kerala State Award for Best Actress.
Regarding the advertisement cited in the complaint, Menon argued that it had also been duly certified and cleared for public broadcast.
Her plea also rejected allegations that she had any connection with running pornographic websites, describing the claim as “absurd and per se defamatory.”
With the High Court now quashing the FIR, the criminal proceedings initiated on the complaint stand set aside. The court’s detailed reasoning will be available once the written order is released.
