Brief Facts
- The present petition sought a transfer of the complaint from the Court of ACMM Ahmedabad to a Court in Delhi. The Respondent filed a private complaint against the Petitioner alleging defamation under Section 499 and 500 of the IPC. The respondent claimed that the petitioner defamed the people of Gujarat by calling them “thugs”. The Magistrate Court took cognizance on the complaint and issued summons to the Petitioner.
- The defamatory statements were withdrawn by the Petitioners and affidavit to this effect was filed before the Supreme Court.
Issues
- Whether the statements made by the petitioner, which formed the basis of the defamation complaint, have been unconditionally withdrawn, and if so, whether such withdrawal justifies quashing the complaint?
- Whether the extraordinary powers of the Supreme Court under Article 142 of the Constitution can be exercised to quash the defamation complaint and provide complete justice in this case, considering the facts and circumstances of the case.
Held
- The Supreme Court quashed the criminal defamation case against the Petitioner, considering the context in which the statements were made and the fact that the petitioner had retracted the statements. Therefore, the prayer for transfer of case did not survive.
- It is true that every prosecution for defamation for the offence under Section 499, which is punishable under Section 500 of the IPC, cannot be quashed on the ground that the offending allegations have been withdrawn. However, in the facts of the present case, not only that the statements have been unconditionally withdrawn, but the petitioner has also explained the circumstances and the context in which the statements were made. Under Article 142 of the Constitution of India, this Court possesses extraordinary Constitutional powers to pass any decree or order which is necessary for doing complete justice between the parties.
Relevant Paras
- 9, 10