Criminal and civil defamation cases

Querist : Anonymous (Querist) 24 March 2024 This query is : Resolved
Issues existed on admin of Apartments Association. High level enemity between 2 persons. The defacto complainant lodged a false complaint on the other person and myself. A FIR was registered on Dec/2018 under ipc 294(b),323 and 506(1). I was arrayed as A2. But Police dropped me in the Chargesheet filed in 2023. Case was under process in judicial court . During the enquiry level the A1 died in Jan 2024.The defacto Complainant had filed a protest petition but did not appear for a hearing and finally it was not pressed by the defacto complainant, The court disposed both the case on A1 and protest petition of the defacto complainat (as he did not press) in March 2024.
Now may I file both criminal and civil suit for defamation?
If so, may I have to serve legal notice first and then in court?. May I file defamation cases in High Court directly? please guide me
thanks

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Quick Summary

This discussion explores the possibility of filing criminal and civil defamation cases following a false complaint that led to a police FIR. Although the police later dropped charges against the individual, and the original complainant did not pursue the matter, the question remains whether a defamation suit can now be filed. The response clarifies that to prove defamation, one must demonstrate a false statement was made about them and conveyed to a third party, resulting in reputational damage. It also suggests that the case might be barred by limitation and advises checking if these parameters are met.

T. Kalaiselvan, Advocate (Expert) 24 March 2024
The police dropped the charges against you because there was no evidence to prove his complaint, hence this is not a dismissal against you therefore there are no ingredients found to file the proposed proposed defamation case.
Besides it is barred by limitation now.

Sudhir Kumar, Advocate (Expert) 25 March 2024
or defamation (both Civil/ criminal) case you have to prove that :-

1. Defendant made statement.
2. Defendant made statement regarding you.
3. Defendant conveyed statement to any third person.
4. You lost reputation on account of the same.
5.STATEMENT WAS FALSE ALSO.

It is for you to see if your case falls in these parameters.

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