Case Note & Summary
The case involves a criminal application under Section 482 of the Code of Criminal Procedure, 1973 filed by Rajendra Vishwanath Chaudhary and Ashish Rajendra Choudhry (applicants) seeking quashing of criminal proceedings for defamation under Section 500 of the Indian Penal Code, 1860. The proceedings arose from a complaint lodged by Smt. Nayantara Vasudeo (respondent no. 1) against her real brother (applicant no. 1) and his son (applicant no. 2) in the backdrop of a civil property dispute over land at Khasra No. 247/2, Mouza Zingabai Takli, Nagpur. The complainant alleged that the applicants made defamatory statements against her in written statements filed in civil suits pending between the parties. The learned Judicial Magistrate First Class, Nagpur, issued process against the applicants for offence under Section 500 IPC. The applicants challenged this order before the Ad-hoc Additional Sessions Judge-2, Nagpur, in Criminal Revision No. 172/2011, which was dismissed on 19/04/2011. Aggrieved, the applicants approached the High Court under Section 482 CrPC. The High Court examined the complaint and found that the alleged defamatory statements were made in written statements filed in civil suits and were not published to any third party. The court held that the essential ingredient of publication under Section 499 IPC was missing, as the statements were only made in court pleadings. The court further observed that the criminal proceedings were an abuse of the process of court, as the dispute was essentially civil in nature. Consequently, the High Court quashed the judgment of the revisional court and the order issuing process, allowing the application.
Headnote
A) Criminal Procedure Code - Quashing of Proceedings - Section 482 CrPC - Abuse of Process - Criminal proceedings for defamation under Section 500 IPC initiated by complainant against her brother and nephew in the backdrop of a civil property dispute - The alleged defamatory statements were made in written statements filed in civil suits and were not published to any third party - Held that continuation of criminal proceedings would be an abuse of process of court and are liable to be quashed (Paras 1-6). B) Defamation - Essential Ingredients - Section 499, 500 IPC - Publication - The essential ingredient of defamation is publication of defamatory imputation to a third party - Statements made in court pleadings, without evidence of publication to anyone other than the court, do not constitute publication for the purpose of defamation - Held that the complaint lacked the essential ingredient of publication and was liable to be quashed (Paras 4-6).
Issue of Consideration
Whether criminal proceedings for defamation under Section 500 IPC can be sustained when the alleged defamatory statements were made in civil court pleadings and not published to third parties, and whether such proceedings amount to an abuse of the process of court.
Final Decision
The High Court allowed the application, quashed the judgment in Criminal Revision No. 172/2011 dated 19/04/2011 and the order dated 05/01/2011 issuing process under Section 500 IPC in Regular Criminal Case No. 4976/2010.
Law Points
- Defamation
- Quashing of Criminal Proceedings
- Section 482 CrPC
- Section 500 IPC
- Civil Dispute
- Abuse of Process of Court
- Statements in Court Pleadings
- Lack of Publication
