Karnataka High Court Quashes FIR Over Allegedly Anti-National Social Media Post After Woman Undertakes Not To Make Similar Posts

A single-judge bench of Justice M. Nagaprasanna allowed the petition filed by Afeefa Fathima, a dietician by profession, quashing a crime from 2025 registered at the Mangaluru South Police Station for offences under Sections 196(1)(a) [creating enmity between groups via any medium] and 353(2)[ Statements Conducing to Public Mischief] of the Bharatiya Nyaya Sanhita (BNS), 2023.

“…In the light of the affidavit, I deem it appropriate to obliterate the crime with a direction to the petitioner that all the posts that are now in her account, which would depict such action shall be deleted. The learned counsel undertakes such deletion”, the court observed in the order

"…It is needless to observe that any breach of the undertaking in the affidavit will be viewed seriously," the court laid down in unequivocal terms while allowing the plea.

For context, the petitioner, in April 2025, allegedly posted on X (formerly Twitter) with captions that 'help stinky Hindus are behind me' and 'am I an Indian? Yes. do I hate India? Yes'. Following this, an FIR was registered by Mangaluru South Police Station and she was also terminated from the hospital she worked in. According to The Hindu, the dietician made the post on X post the April 22, 2025 Pahalgam massacre wherein terrorists gunned down 26 people in Jammu and Kashmir.

The case was thereafter pending before the JMFC II Court in Mangaluru. Afeefa approached the High Court seeking quashing of such criminal proceedings pending against her.

The affidavit filed by the dietician expressing her regret states that she has 'highest regard and respect for all religions, communities, and the sovereignty and integrity of India'. In the affidavit, she also pleads forgiveness for any content which might had been perceived as offensive or causing any misunderstanding. '… no such situation giving rise to similar allegations shall recur on account of my conduct', the affidavit further adds.

While iterating that she was innocent, the affidavit contained a solemn undertaking that she would exercise 'utmost care and restraint' in her use of social media in the future.

'…The allegations contained in the complaint and FIR, even if accepted in their entirety, do not prima facie constitute the offences alleged against me… I submit that I have not made any hate speech, nor have I posted any content with an intention to promote enmity or hurt the sentiments of any religion, community, or the nation”, the affidavit reads.

After taking the Affidavit on record, the court quashed Crime No.78/2025 pending on the file of JMFC II Court, Mangaluru. 

Case Title: Afeefa Fathima vs. State of Karnataka & Anr.

Case No.: Criminal Petition No. 8108 of 2026

Citation: 2026 LiveLaw (Kar) 241

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