Gujarat High Court Quashes Defamation FIR Again Man Accused Of Forwarding 'Fake News' Clip On WhatsApp

The Gujarat High Court quashed a defamation FIR against a man who had allegedly forwarded a purportedly fake news cutting, noting that there was nothing on record to show that he had forged the news report in the first place with an intention to harm the reputation of the complainant.  [2026 LiveLaw (Guj) 202]

The court was hearing a plea seeking quashing of an FIR under various IPC provisions including Sections 469 (forgery for purpose of harming reputation), 500(defamation) and 120(B) (criminal conspiracy). 

Justice PM Raval in his order said:

"The role attributed to the present petitioner is, only forwarding a photograph of a newspaper namely Young Leader, Ahmedabad, which was forwarded to Nishyal Jashavantbhai Sangani who in turn forwarded the said message to the complainant. Thus, to attract the provisions of Section 469 of the IPC, a person has to first forge a document with an intention to harm the reputation or knowing that it is likely to be used for that purpose (harming reputation). However, from the reading of the entire FIR as well as from the papers of chargesheet, both are conspicuously silent with regards to harming reputation. Even if the allegations are taken as it is on the face of it do not constitute offence under Section 469 of the IPC. Not an iota of evidence is collected during investigation, nor is there any whisper in the FIR nor in the counter of the chargesheet, which would reveal attracting the provisions of Section 469 of the IPC...

what has been forwarded by the present petitioner would also not fall within the four corners of the definition of...defamation. Since the FIR and the papers of the chargesheet are conspicuously silent, as to how the complainant and or his party is/are harmed defamed. Thus, it cannot be said that the petitioner has forged any news item, more particularly, there is nothing on record from the papers of investigation that such news item was forged by the present petitioner"

The petitioner said that the complaint was filed by a Public Notary and who is also the member of Bahujan Samaj Party (BSP). 

It was alleged that the brother of the complainant received a WhatsApp message which was "fake news" from Nimesh Dodiya (accused No.1 in the FIR) and thereafter, the brother asked Dodiya about the newspaper from which the cutting had been forwarded on WhatsApp. 

Accused No.1 got angry and started quarreling with complainant and his brother and thereafter cross complaints were filed by both the sides. Then on 06.07.2021, the complainant got fake newspaper cutting on WhatsApp from his friend and so the complainant alleged that offence of defamation was committed. 

It was alleged that accused persons in conspiracy and connivance of each other have circulated the fake news with intention to defame the complainant and his political party. 

Finding no ingredients of the offence or material the court quashed the FIR. 

The plea was allowed. 

Case title: KAUSHALBHAI JAGDISHBHAI ASODIYA v/s  STATE OF GUJARAT & ANR

R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 850 of 2022

Click Here To Read/Download Order

Citation: 2026 LiveLaw (Guj) 202