Actor Shwetha Menon Approaches Kerala High Court Seeking To Quash FIR Over Obscenity Allegations

Actor Shwetha Menon has approached the High Court of Kerala seeking to quash criminal proceedings initiated against her under allegations including obscenity and involvement in immoral activities. The petition, filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, comes in the wake of an FIR registered at the Ernakulam Central Police Station (Crime No. 1075/2025).

In her Criminal Miscellaneous Case, she has challenged the legality and motivation behind the FIR. The allegations stem from a private complaint filed by Mr. Martin Menacherry, identified as the General Secretary of the Newspaper Association of India (Kerala Region), who claimed that the actress appeared in “obscene visuals” in films and advertisements, thereby allegedly committing offences under Section 67A of the Information Technology Act and Sections 3 and 5 of the Immoral Traffic (Prevention) Act, 1956.

The FIR was registered by Ernakulam City Central Police on August 5, 2025 after the Magistrate referred the private complaint to the police.

Shwetha Menon has asserted that the timing of the complaint and the registration of FIR on fanciful allegations which are not supported by any tangible data suggests to an ulterior motive of wrecking her ongoing campaign for the post of President in the upcoming AMMA (Association of Malayalam Movie Artists) elections. The petitioner's nomination was filed on July 24 and the complaint was lodged exactly on the last date for withdrawal — July 31.

The complaint references her appearances in acclaimed films such as Paleri Manikyam, Rathinirvedham, and Kalimannu, as well as a condom advertisement. The petition emphasizes that all these works were certified by the Central Board of Film Certification (CBFC) and some even received critical acclaim, including a Kerala State Film Award.

The FIR further alleges that Ms. Menon ran pornographic websites and participated in a “sex and drug racket,” claims the petition calls “scandalous,” “baseless,” and “defamatory.”

The petition contends that the offences cited in the FIR are not made out even on a prima facie reading. It argues that the essential ingredients for offences under Section 67A of the IT Act and Sections 3 and 5 of the Immoral Traffic (Prevention) Act are wholly absent. Citing case law and comparing the new Section 175(3) of the BNSS with its CrPC counterpart, the petition highlights procedural lapses on the part of the magistrate, alleging “non-application of mind” while ordering the police investigation.

Calling the proceedings “abuse of process of law,” Ms. Menon seeks quashing of both the complaint and the FIR, along with all further proceedings arising from them.

Case Title - Shwetha Menon v State of Kerala and Ors

Counsel for Petitioner - Unni Sebastian Kappen, M Revikrishnan