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karthik (divorce applicant)     21 August 2014

Defamation case

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



 22 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     21 August 2014

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. 

2 Like

karthik (divorce applicant)     21 August 2014

Thank you very much sir, kindly suggest if any citations

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     21 August 2014

Citations on what grounds//

 

 

 
Regards,
 
Shonee Kapoor

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

Chetan Joshi (Advisory/Advocacy)     21 August 2014

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 

2 Like

Ashok, Advocate (Lawyer at Delhi)     23 August 2014

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.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     23 August 2014

Agreeing with Mr. Ashok,

 

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

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     23 August 2014

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.
1 Like

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     23 August 2014

@ Shonee,

 

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

Ashok, Advocate (Lawyer at Delhi)     24 August 2014

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.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     24 August 2014

Thanks for clarification Mr. Ashok.

 

Could you please also advise us that if somebody has incurred in a false FIR then what king of exact cognizable FIR can be lodged as a counter against the complainant (Not false FIR) as a urgent solution?

 

I need this answer because 211 & 182 IPC is also non-cognizable and 144 CrPC is also we need to file before the magistrate so these are not urgent solution.

Ashok, Advocate (Lawyer at Delhi)     24 August 2014

Most of the provisions of IPC (contained in Chapter 10 and Chapter 11 of the IPC) relating to false information given to police lay down non-cognizable offence. Action is such cases is possible only through the Magistrate. In addition, the Magistrate may also not be in a position to take cognizance of such offence unless the complaint is made by the public servant or court, etc., as is mentioned in Section 195 of Cr.P.C. So, the scope in this regard is limited.

karthik (divorce applicant)     25 August 2014

Thanks for all valuable suggestion on my query, i will let give more clarity on my case, wife filed private complaint 498a on husband who is living with her in bangalore and in-laws who are living 350kms away in AP, saying in-laws used to come to bangalore to harass her, due to this 498a case lifes of sister in-laws disturbed a lot and it gave immense mental agony and stress to them they took lot of pain to visit police stations and courts which are located in bangalore, so now highcourt quashed all 4 names from chargesheet, so now based on above facts do my sisters able to file any defamation or relevant case on my wife, they want to teach a lesson to her, if so how can i file fir/private complaint, please  suggest the right sections under which they can file case on her..

Thanks a lot, karteek

Ashok, Advocate (Lawyer at Delhi)     25 August 2014

I think they can file private complaint for defamation which is defined under Section 499 of IPC and punishable under Section 500 of IPC. The private complaint can be filed directly in the Magistrate's court.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     26 August 2014

Thanks Advocate Ashok for explaining so lucidly for the benefit of all.

 

Karthik, you are mentioning the facts of the case, whereas you should mention the merits of the quashing order to assist you better.

 

Rocky, there is an old saying, "Measure Twice, Cut Once"

 

Regards,

 
Shonee Kapoor

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

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