Gujarat High Court Imposes ₹25K Cost On Husband For Uploading Wife's 'Obscene' Pictures On Social Media

A bench of Justice Hasmukh D. Suthar passed the order while quashing the FIR and all consequential proceedings initiated against the husband, after noting that the matter had been amicably settled between the parties.

"…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 Single Judge said, directing that the amount be deposited with the State Legal Services Authority within 1 week.

Briefly put, the husband was facing an FIR under Sections 66(e) and 67 of the Information Technology Act, read with Sections 351(2) and 356(2) of the Bharatiya Nyaya Sanhita, 2023.

It was alleged that since his wife was not ready or willing to resume matrimonial life, he, with an ulterior motive, uploaded obscene photographs of her on social media. Challenging the FIR and its consequential proceedings, he approached the High Court.

On July 30, the respective advocates informed the bench that the parties had amicably settled the dispute during the proceedings' pendency.

Pursuant to the mutual settlement, the original complainant filed an affidavit stating that she had no objection if the proceedings were quashed and set aside, as no grievance now survived. She also appeared in person before the Court to reiterate her stand.

Against this backdrop, the Court quashed the FIR, noting that the dispute was private in nature, had been resolved, and no obscene material was now available on social media.

"…no purpose would be served and there is a bleak chance of conviction, in the opinion of this Court. The further continuation of criminal proceedings against the petitioner in relation to the impugned FIR would cause unnecessary harassment to the petitioner… 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 CrPC", the bench observed.