HC quashes obscenity FIR against Shwetha Menon, says plaint filed to tarnish reputation

The Kerala High Court on Wednesday quashed all further proceedings in an FIR and private complaint filed against Malayalam actor Shwetha Menon over allegations that she acted in films and advertisements containing obscene and vulgar visuals.

Justice C S Dias passed the order while considering Menon's plea seeking to quash the complaint and FIR registered against her. The court held that even if the allegations in the complaint and FIR were accepted at face value, they would not constitute the offences alleged against the actor. It also observed that the complaint appeared to have been filed with the ulterior motive of tarnishing Menon's reputation.

Invoking its inherent powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), the court quashed the complaint, FIR and all further proceedings against the actor.

The FIR was registered by the Ernakulam Police in August 2025, following an order by the Chief Judicial Magistrate, Ernakulam, based on a complaint filed by Martin Menanchery.

The complaint alleged that Menon had appeared in several films and advertisements containing obscene visuals available in the public domain and that she had gained monetary benefits from them. Based on the complaint, the FIR invoked Section 67A of the Information Technology Act and Sections 3 and 5 of the Immoral Traffic (Prevention) Act.

The court noted that the provisions of the Immoral Traffic (Prevention) Act apply to offences such as running a brothel or procuring persons for prostitution. Since the complaint did not contain any such allegations, the court held that these provisions were not attracted.

Regarding Section 67A of the IT Act, the court observed that the complainant had only alleged that Menon appeared in content available on pornographic websites, but there was no claim that she had published or transmitted such content herself.

The court further noted that the actor appeared only in content certified by the Central Board of Film Certification.

During the hearing, Menon's counsel argued that the complaint was frivolous and filed with the intention of preventing her from contesting the elections to the post of president of the Association of Malayalam Movie Artists held on August 15, 2025.

The prosecution did not strongly oppose the plea but submitted that the investigation was at a preliminary stage. After considering the submissions and examining the complaint, the court allowed Menon's plea and quashed the proceedings.
(With LiveLaw inputs)