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Criminal defamation when 498a is pending

I want to file criminal defamation against girl's family for filing false 498a case. I have good proofs against their false statement. My advocate said that it can be filed only after acquittal. But I found this judgement.
Therefore, I am confused. Please suggest if defamation can be filed at this stage.

Per contra, Thiru A. Raghunathan, learned counsel for the respondent would urge that the averments in a plaint or court proceedings, are not absolutely privileged and the passage being per se defamatory, it is for the petitioner to bring his case within any one of the exceptions to S. 499, I.P.C., which would be done only during trial, that the allegations made were motivated and not necessary for the purpose of the civil suit, which itself is a frivolous one and filed merely to blackmail parties, as is seen from the status of the various defendants, against each of whom, highly defamatory statements are made.


 6 Replies

I love my parents (law)     02 March 2013

I am also in same boat.Kindly advise acc pls.waiting



Nadeem Qureshi (Advocate/     02 March 2013

Dear Querist

if you have very strong proof against the Case and in your favour you have right to file a criminal complaint u/s 340 of crpc against them, why are you trying to file criminal defemation case.


340. Procedure in cases mentioned in section 195.


(1) When upon an application made to it in this behalf or otherwise any court is of opinion that it is expedient in the interest of justice that an inquiry should be made into any offence referred to in clause (b) of sub-section (1) of section 195, which appears to have been committed in or in relation to a proceeding in that court or, as the case may be, in respect of a document produced or given in evidence in a proceeding in that court, such court may, after such preliminary inquiry, if any, as it thinks necessary,-


(a) Record a finding to that effect;


(b) Make a complaint thereof in writing;


(c) Send it to a Magistrate of the first class having jurisdiction;


(d) Take sufficient security for the appearance for the accused before such Magistrate, or if the alleged offence is non-bailable and the court thinks it necessary so to do send the accused in custody to such Magistrate; and


(e) Bind over any person to appear and give evidence before such Magistrate.


(2) The power conferred on a court by sub-section (1) in respect of an offence may, in any case where that court has neither made a complaint under sub-section (1) in respect of that offence nor rejected an application for the making of such complaint, be exercised by the court to which such former court is subordinate within the meaning of sub-section (4) ofsection 195.


(3) A complaint made under this section shall be signed, -


(a) where the court making the complaint is a High Court, by such officer of the court as the court may appoint;


1[(b) in any other case, by the presiding officer of the court or by such officer of the Court as the Court may authorise in writing in this behalf.]


(4) In this section, "court" has the same meaning as in section 195.


Feel Free to Call


Dear Sir,

You don't have to wait for your acquittal in criminal case for the offence under S.498 A of I.P.C. to file defamation case. You will have to wait for acquittal on merits only for filing a case against your wife for malicious prosecution and not for defamation case. Kindly feel free to call me up on 9842197857 for any clarification in this regard.

Puneet Bhardwaj (Customer Care Services)     02 March 2013

facing the same situation. If it is so, and experts advice I would also like to file defamation case

as lawyer has  filed  my  case for quash of FIR in High court and notice has been given. Next hearing  in  HC is  in April 2013. I would like to file dafamation case with the advice of experts.

jitendra (legal)     02 March 2013

well you have already approached the high court for quashing. try very high  and put your best efforts for quashing because that is the case where you have to open your defence which you would have put up in lower court. once it is decided by high court then lower court will not interfere on that point again as high court order is biding on lower courts. 

Harsh (Manager)     02 March 2013


for either defamation or more importantly malicious prosecution, if a case is filed against the wife/family, is the petitioner expected to be present in all hearings of the court?

since a malicious prosecution is based on previous case AND judgement; cant the court take cognizance of it immediately and proceed?

basically can we run these cases remotely.

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