False defamation case pls help

amit desai (Querist) 24 July 2014 This query is : Resolved
Dear EXPERTS

one lady has filed a case u/s 156 (3) against the chairman of her society u/s 354 of IPC.
The M.M. Court in mumbai, gave the order u/s 156(3) of Crpc and the Police registered a MECR, thereafter the Police is yet to submit a final report in the matter, in the timebeing the chairman who is defendant in the case filed a Sec 200 complaint to M.M u/s 500 of IPC claiming that this lady is defaming him by filing false complaints.

What remedy is available to this lady. Please note that this lady also has witness to prove her claims

THANKING YOU IN ADVANCE

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Sudhir Kumar, Advocate (Expert) 24 July 2014
if the complaint submitted by the lady gets prove true in the court of law no defamation case will subsist.

Nadeem Qureshi (Expert) 24 July 2014
the person can not be filed defamation case only after final report filed by police, based on that the lady had filed the false complaint. if after hearing the complainant the court think fit that he/she should be accept that Final Report and closed the case then only the person may file the defamation case otherwise not....
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P. Venu (Expert) 24 July 2014
No action in defamation lies even if the complaint is established to be false.

However, the victim have the option for an action for malicious prosecution. He can also request the Magistrate for compensation in terms of Section 250 CrPC.

ajay sethi (Expert) 24 July 2014
agree with nadeem

Rajendra K Goyal (Expert) 24 July 2014
Agree with the expert Nadeem Qureshi ji.

Dr J C Vashista (Expert) 25 July 2014
The chairman may file criminal case against malacious prosecution. Alternaatively the chairman may claim damages/ compensation for defamation after it is proved that the lady has filed false case against him.

V R SHROFF (Expert) 25 July 2014
NO DEFAMATION : EXEMTIONS :: PRIVILEGED IN LITIGATION PROCEEDINGS

Raj Kumar Makkad (Expert) 25 July 2014
I do agree with the experts.

T. Kalaiselvan, Advocate (Expert) 26 July 2014
I agree with the experts that it will be too early to file a libel case against the lady,the case may not sustain if filed already.