Karnataka High Court Quashes Obscenity FIR Over WhatsApp Message Questioning Invite To Hindu Priests For Inaugural Function

The Karnataka High Court quashed proceedings against a man booked in obscenity FIR for sending WhatsApp message to the complainant stating that he and his brother should not have invited Hindu priests to inauguration of a function hall, as "they treated Muslims very badly". Justice Rajesh K Rai in his order said:"On careful examination of the above WhatsApp message, the same reveals that the petitioner has questioned the presence of Hindu religious priests in the inaugural ceremony of the function hall by stating that, they treated Muslims very badly and also didn't respect them...it is clear that the petitioner has not sent any such obscene messages, neither published nor transmitted any obscene messages to the complainant. The ingredients of Section 67 of the I.T.Act, does not attract in the case on hand. In such circumstances, even if a trial is conducted against this petitioner, it is a futile exercise. As such, after considering the entire allegation taken on its face value, no offence has been made out against the petitioner, which he has been charge sheeted".The complainant lodged a complaint alleging that his brother who had constructed a function hall and had invited Hindu and Muslim religious leaders along with the political leaders for the inaugural ceremony.It was alleged that on 13.11.2021 when the complainant and his brother were near the hall, he received a WhatsApp message from the petitioner wherein had made a defamatory statement, stating that, complainant and his brother should not have invited Hindu priests for the inauguration, since they "treat Muslims very badly and they are born for doing pooja only". Hence, the complainant lodged the complaint against the petitioner before the police later registered as an FIR for offences under Section 67 (Punishment for publishing or transmitting obscene material in electronic form) of Information Technology Act.The petitioner's counsel argued that the offence was not attracted against the petitioner. Meanwhile the State submitted that the investigation has been completed and charge-sheet has been laid against the accused; thus proceedings cannot be quashed.The court said that continuation of proceedings is nothing but abuse of process of Court and same is liable to be quashed.The court quashed the order taking cognizance, issuing summons as well as the chargesheet.The plea was allowed. Case title: ABDUL KHAVEE v/s STATE OF KARNATAKA & Anr. CRIMINAL PETITION NO. 202013 OF 2025 Click Here To Read/Download Order

Karnataka High Court Quashes Obscenity FIR Over WhatsApp Message Questioning Invite To Hindu Priests For Inaugural Function

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