IMPORTANT POINT
A defamation claim requires clear evidence that the statement harmed the complainant's reputation in the eyes of others, which was not established in this case.

JUDGMENT :

ARUN DEV CHOUDHURY, J.

1. Heard Mr. D Talukdar, learned counsel for the petitioner. Also heard Mr. P Borthakur, learned Addl. PP, Assam appearing for respondent No.1 and Mr. B Chowdhury, learned counsel for the respondent No.2.

2. The present petition is filed under section 482 Cr.P.C for quashing the complaint petition registered as CR Case No.145 /2018, filed by the respondent No.2, alleging commission of offence under section 499/500 IPC . The further challenge is an order dated 20.01.2018, passed by the learned SDJM, No.2, Kamrup (M), Guwahati, whereby the cognizance of offence under section 500 IPC was taken.

3. Before dealing with the arguments advanced by the learned counsel for the parties, let this court first record the important statements made in the complaint which are to the following effect:

i. The complainant is a retired army officer having reputation in the society inasmuch as he served the nation with his best effort and got retired from his service as Lieutenant Colonel in the year 1995. He has respectable family background and most of the family members including the complainant dedicated their lives to serve the nation and the complainant has also well name and fame in the entire society.

ii. The complainant is a resident of Meghmallar Raj Enclave, more particularly of Space No.002/B. For convenience to inform all matters in respect of the matters of the Raj Enclave Society (residents), a Whatsapp group namely, Raj Enclave Society was created, wherein the Whatsapp contact of members/owners of flats were added by the accused i.e., the Secretary and accordingly the complainant was also added to the said group.

iii. The complainant was elected as President of the working committee of the society and after becoming president, he noticed that some irregularities were going on and he tried to prevent it, but the accused being Secretary did not want to accept and follow the due proposal and advice of the complainant and started to do all works at his own will and decision.

iv. When the complainant tried to stop the secretary and raised objection, the accused secretary submitted his resignation to the committee and asked him to release from the charge of Secretary of the committee.

v. A meeting was called by the complainant and the general body of the committee took a resolution that that one Mr. Amrit Goswami shall take charge as the Working President of the working committee and the accused secretary need not resign. According to the complainant, such course of action was taken to dilute the authority and interference of the complainant as President and to enable the accused Secretary to work independently under Working President.

vi. It was further stated in the complaint that the complainant being President had no knowledge about the actions, expenditure incurred and it was controlled by the accused and the Working President and the complainant was asked only to sign the banking documents or similar papers as President.

vii. According to the complainant, in the meantime, some conflicts arose regarding parking etc. in the society, which developed day by day and took an ugly turn between the working committee’s secretary and other members of the society and the situation of the society became worse and anarchic. Accordingly, to save his dignity, the complainant decided to resign from the post of President and membership of the working committee and accordingly he put his paper on 11.08.2017.

viii. Thereafter the General Body of the society formed a new committee, where the accused was again selected as Secretary of the society. According to the complainant, though he made some request but he was not removed from the Whatsapp group and the complainant had been receiving messages and information of the society through the group account.

ix. On 22.08.2017, one resident called the complainant and informed h