Madhya Pradesh High Court Quashes FIR Against Advocate Over Photograph of Woman Drinking Juice

Jabalpur, Jan 31: The Madhya Pradesh High Court has quashed an FIR registered under Section 509 of the IPC against advocate Subhash Tiwari, ruling that merely taking a photograph of a woman in public does not constitute an offense under the law.

The single-judge bench, presided over by Justice Himanshu Joshi, held that turning a legal dispute into a personal vendetta through criminal complaints undermines the spirit of the law. The case arose after a woman alleged that Advocate Tiwari had taken her photograph while she was drinking juice in a market and threatened to defame her. The FIR was filed nearly five months after the alleged incident, which reportedly took place on May 31, 2024.

FIR Filed with Malicious Intent

In his petition, Advocate Tiwari argued that the FIR was maliciously lodged due to a prior dispute in which he had represented the opposing party in a case involving the complainant’s grandfather. The High Court emphasized that Section 509 is meant to address situations where someone, intending to insult a woman’s modesty, uses words, gestures, or displays actions that violate her privacy. Offenders under this section face up to three years in prison and a fine.

Prosecution Failed to Prove Case

The bench observed that the prosecution failed to establish the essential ingredients of Section 509. Statements recorded under Section 164 of the CrPC did not conclusively prove that the photograph had been taken by the petitioner. Given the lack of evidence, the High Court set aside the FIR, thereby dismissing the criminal case against Advocate Tiwari.

The advocate was represented by Advocate Nikhil Bhatt, who argued successfully for the quashing of the FIR, highlighting that personal disputes should not be converted into criminal proceedings as a tool of harassment.

This judgment underscores the principle that law should not be misused for personal vendettas, and that allegations must meet legal standards before proceeding with criminal action.