Defamation case

divorce applicant

wife filed 498 on husband  in in-laws, after 3 years hiigh court quashed names of all 4 in laws, is it possible to file defamation case on wife by any of in law??

if so what are the ground on which defamation case can be filed, kindly suggest.

 

Regards,

KArteek

 
Reply   
 
Legal Evangelist - TRIPAKSHA

Can they file defamation case: YES

Is the said Defamation Case sustainable in court: DEPENDS ON THE GROUNDS ON WHICH QUASHING IS DONE.

 


 

If you don't fight for what you want, don't cry for what you LOST. 


Total likes : 2 times

 
Reply   
 


divorce applicant

Thank you very much sir, kindly suggest if any citations
 
Reply   
 
Legal Evangelist - TRIPAKSHA

Citations on what grounds//

 

 

 
Regards,
 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.
 
Reply   
 
Advisory/Advocacy

HI

 

There is no bar in filing defamation before the quash or after it. Defamation as a remedy and a protective right needs to be proved in court. That is to say, it needs to be shown that  defamation was caused AND there lies the real challenge.

 

 

Merely because a case is quashed cannot be an alone ground for defamation unless in the process the aggrieved suffered from it.

 

 

Regards

Chetan Joshi 


Total likes : 2 times

 
Reply   
 
Lawyer at Delhi

Defamation is widely defined under Section 499 of IPC: “Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter excepted, to defame that person.

 

So, the definition is quite wide and may cover the situation described by you, depending on the facts of your case. As rightly pointed by another member, offence of defamation may be made out even without quashing of the case, though of course, burden lies on you to prove the ingredients of the defamation case. Quashing of the case may be on merits or on technical grounds. However, please remember that in the situation described by you, two Exceptions mentioned in Section 499 IPC become relevant, namely the Eighth Exception and the Ninth Exception, which are quoted below:

 

“Eighth Exception.—Accusation preferred in good faith to authorised person.—It is not defamation to prefer in good faith an accusation against any person to any of those who have lawful authority over that person with respect to the subject-matter of accusation.”

 

“Ninth Exception.—Imputation made in good faith by person for protection of his or other’s interests.—It is not defamation to make an imputation on the character of another provided that the imputation be made in good faith for the protection of the interest of the person making it, or of any other person, or for the public good.”

 

Therefore, if you intend to file a defamation case, you may have to prove that the filing of the FIR was NOT covered under the above two exceptions, i.e., for example, you may have to show that the allegations / accusations mentioned in the FIR were NOT made in good faith. If the allegations made were completely false, it may be of help in the defamation case.

 

 

Ultimately, the detailed facts of your case will decide the fate of the defamation case on the broad principles of law outlined above.

 
Reply   
 
Instructor @ Calcutta (rockysmith4calcutta@gmail.com)

Agreeing with Mr. Ashok,

 

Please lodge FIR against them U/S 499 IPC read with 500 IPC.

 
Reply   
 
Legal Evangelist - TRIPAKSHA

God has its own designs. But I don't think the FIR can be lodged u/s 499 & 500 IPC. It can only be fought as a private complaint case. The law does not allow that.

 

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

Total likes : 1 times

 
Reply   
 
Instructor @ Calcutta (rockysmith4calcutta@gmail.com)

@ Shonee,

 

Are you meaning that FIR can be lodge for only cognizable offence ?????????????

 
Reply   
 
Lawyer at Delhi

That's right. FIR can be lodged only for a cognizable offence as per the provisions of Section 154 of Cr.P.C.

 

And, it is correct that the offence of defamation, made punishable under Section 500 IPC, is a non-cognizable offence, due to which the police will not register FIR on the basis of a complaint given to it, but will only record it as an NC offence in which it cannot investigate without orders from a Magistrate. Therefore, defamation case will have to be filed in the Magistrate court as a private complaint. You can also file a civil suit for defamation, in addition.

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

Post a Suggestion for LCI Team
Post a Legal Query
Forensics & Evidence     |    x