Filing Complaint Against A Person Before Lawful Authority Does Not Attract The Offence Of Defamation: Kerala High Court
The Kerala High Court while quashing a case of defamation, observed that the complaint filed in the present case before a lawful authority which was enquired by it, will not attract an offence under Section 500 IPC.
Justice P. V. Kunhikrishnan in its order said that the fourth exception to Section 499 IPC says that, it is not defamation to publish a substantially true report of the proceedings of a court of justice or of the result of any such proceedings.
"Admittedly, in this case, a complaint is filed before the Chief Minister and before the Director of Pariyaram Medical College, where the 1st respondent was working, in which certain allegations are made by the petitioner and her mother. The Chief Minister forwarded the same to the police station concerned. In such circumstances, it cannot be said that the defamation as defined under Sec.499 IPC is made out.There is no publication of any imputation or making any imputation. The complaint is filed before a lawful authority, which was enquired by the authority concerned. That will not attract the offence under Sec.500 IPC," the court said.
The petitioner had filed a complaint against her sister's husband before the Director of Pariyaram Medical College, where he was employed. She stated in her complaint that her brother-in-law was misbehaving with her and also has been attempting to get the property of her mother transferred in his name and his wife's name. The petitioner's mother had also earlier submitted a petition before the Chief Minister in 2014 against the brother-in-law, stating that he and his wife were trying to misappropriate her property.
The petitioner further said that the brother-in-law and her sister had been pressurizing her by raising false allegation that the former got forged documents related to her property and professional degree.
A defamation suit was filed at the instance of the brother-in-law of the petitioner against the petitioner and her father. The petitioner approached the High Court to quash this case.
Perusing the defamation complaint the high court said, "The main allegation is about the complaint filed against the 1st respondent which resulted in a Police enquiry and the summoning of the 1st respondent by the Police. Admittedly, the petitioner filed a complaint before the Director of Pariyaram Medical College, where the 1st respondent was working and also a complaint by the mother of the petitioner before the Chief Minister which was forwarded to the Police Station concerned".
The petitioner submitted before the Court that when her mother was alive, she had filed a petition before the Chief Minister saying that petitioner's sister and husband were trying to misappropriate her property. Police investigation was going on in that matter.
The brother-in-law had claimed that his reputation suffered because the contents of the complaint filed by her was circulated among his colleagues at his work.
Finding that Section 500IPC is not made out the high court while allowing the plea, quashed the prosecution against the petitioner.
Case Title: Pooja Anand v Ashokan K. and Another
Counsel for the Petitioner: Advocates P. Sanjay, A. Paravathi Menon
Counsel for the Respondets: Adv. Nandagopal S. Kurip
Case No: Crl.M.C. 2811 of 2019
Citation: 2024 LiveLaw (Ker) 744