Kamal Ghorui
Shwetha Menon has received relief from the Kerala High Court after the court quashed criminal proceedings initiated against her over allegations that she acted in obscene films and advertisements for financial gain.Justice C. S. Dias allowed the actress’ petition seeking the quashing of the First Information Report (FIR) and all related criminal proceedings filed against her.
Court finds no offence made out
While examining the complaint, the court observed that even if the allegations were accepted at face value, they did not constitute offences under Section 67A of the Information Technology Act, 2000, which deals with publishing sexually explicit material in electronic form, or under Sections 3 and 5 of the Immoral Traffic (Prevention) Act, 1956.The court said the case was fit for invoking its inherent powers and bringing the proceedings to an end.“I am satisfied that this is a fit case to exercise inherent powers of this Court under Section 528 of the BNSS. In the aforesaid circumstances, I allow the Criminal MC by quashing the complaint, FIR and all further proceedings in the crime,” the court stated as reported by Bar and Bench.
Court notes complaint may have been filed with ulterior motive
The court also took note of Menon’s argument that the complaint appeared to have been filed with the intention of damaging her reputation.Her counsel pointed out that the case was filed shortly after the actress decided to contest the election for the post of president of the Association of Malayalam Movie Artistes (AMMA). Menon was later elected to the position.According to her legal team, the complaint was frivolous and aimed at preventing her from contesting the election while also tarnishing her public image.
Complaint alleged vulgar and obscene content
The FIR was registered after the Ernakulam Chief Judicial Magistrate Court referred a complaint filed by Martin Menachery to the police.The complainant alleged that Menon should face criminal action for appearing in films and advertisements that supposedly contained vulgar and obscene content. He further claimed that such visuals were circulated on social media and adult websites to gain popularity and financial benefits.
Actress called allegations baseless
Menon, however, maintained that the case was entirely baseless and part of a motivated attempt to malign her reputation.She argued that the films cited in the complaint, including Paleri Manikyam, Rathinirvedham and Kalimannu, were legally released and had received certification from the censor board.The actress also highlighted that her performance in Paleri Manikyam had earned her the Kerala State Film Award for Best Actress.Denying any involvement in pornographic websites, Menon said the allegations were defamatory and made without any supporting evidence.The High Court had earlier stayed the criminal proceedings, and with its latest order, it has now quashed the complaint, FIR and all related proceedings against the actress.
