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R.SHAH (OFFICE STAFF)     19 September 2014

Advise on defamation case after acquittal in 498a

hi experts,

I have been acquitted from 498a case alongwith my old aged parents and relatives. In that case I have send to police custody for 4 days and when I come out on bail on next week in one of the local newspaper of our city an article/news was published  about us that we are send behind bar in dowry harrassment case under so  and so IPC’s, though some of the IPC mentioned was incorrect and even the article consists of false allegation/statements and statement in newspaper is not same as in the deposition/chargesheet and i believe that this news/article given by my wife and her parents to defame us in the society without this the newspaper editor won’t get information.

I / We was acquitted by the trial court after full fledge trial for about 8 years in so many ups and downs of high court by my wife/prosecution for examining the witnesses. Some of the lines in the final judgment the court has opined are “it can be assumed that due to divorce notice to wife and wife to take revenge of divorce has file this 498a case” and other finding “that not a single word of harassment/dowry demand/assaults from the side of husband do appears/states in the deposition by the complainant / witnesses”.   Also “ there is no misappropriation of stridhan i.e. what and how much gold jewelry or ornaments stated by the complainant/witnesses in the deposition”.  Also “there is no sufficient evidence to prove the guilt of the accused persons in the case”.

Now I don’t know is there is any appeal against the acquittal is file by state or complainant in any higher court after the acquittal judgment dated 31.12.2013 and notice so far served to us.

Assuming that appeal period of six months is completed .Now I want to file defamation case against my wife and her parents.

Pls. advise that defamation case is possible under facts mentioned above and article published in newspaper in year 2006. Is that I have to accused editor of the newspaper too, I believe that if editor of newspaper can disclosed the facts that he recoeved this information from which source and what documents they furnished to him for publishing an article in newspaper. Also, guide me what more cases I can file to get compensation/damages  etc…  on the information provided my me above.


Thanking you in advance.


 2 Replies

Sudhir Kumar, Advocate (Advocate)     15 October 2014

A perusl of complete acquittal order is needed for someone to see if defamation can be made out of not.


consult local lawyer.

subir   09 October 2018

I and my family members aquitted from 498a, 307, 34 dp act after full trial with comments of unreliable and unbelievable about the witness. Though there is clear falsity in complainents statement with another two witness. One place wife said that she was treated at 1.30 pm supporting with injury report but was attemted to murder at 4 pm on the same day. Wife and another  two witness said that the complain was filed on the date of incident but actually it was filed after 200 days of the date of incident. Is it enough to lodge police complain under sec 182 or anything else?

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