To succeed in a suit for damages for malicious prosecution, the plaintiff must prove unjust suffering, favourable termination of proceedings, absence of reasonable and probable cause, and malicious intent.

JUDGMENT :

AJAY MOHAN GOEL, J.

1. By way of this appeal, appellant/plaintiff has challenged the judgment and decree dated 31.08.2015, passed by the Court of learned Civil Judge (Sr. Division), Shimla, H.P., vide which, learned Trial Court has dismissed the suit for recovery alongwith interest by way of damages filed by the appellant/plaintiff against the respondents/ defendants and also the judgment and decree dated 29.03.2018, passed by the Court of learned Additional District Judge-II, Shimla, H.P. whereby learned Appellate Court while upholding the findings returned by learned Trial Court, dismissed the appeal filed by the present appellant.

2. Brief facts necessary for adjudication of the present appeal are that plaintiff filed a suit for recovery of Rs. 5.00 Lac as damages against the present respondents/ defendants. Plaintiff’s case was that he was working as senior Correspondent in a reputed national daily “The Hindu”. He owned landed property in the State of Himachal Pradesh and belonged to a reputed family of erstwhile Koti State. He was having bright prospects and was enjoying good status in the society. Defendants were also journalists stationed at Shimla. On account of professional rivalry, defendants intended to malign the plaintiff. With a common intention, defendants hatched a conspiracy against the plaintiff without any reasonable and probable cause and filed a false and frivolous complaint against the plaintiff which culminated into FIR No. 310, dated 12.10.2004, for commission of offence of criminal trespass and prevention of damage to public property. As per plaintiff, he alongwith some other members of the Press Club, Shimla had filed a suit on 11.10.2004 for injunction, against defendants No. 1 and 3 and others for restraining the defendants in the said suit from holding the election of Press Club of Shimla as also for not declaring the results of the same. As a counter blast, defendants No. 1 and 2 filed a criminal complaint against the plaintiff allegedly on the basis of an incident stated to have occurred on 10.10.2004. The complaint was addressed to Senior Superintendent of Police and contained his endorsement dated 12.10.2004. Said criminal complaint pertained to dispute qua election of the Press Club. Same was publicized widely in social, political and media circles, which not only tarnished the image of the plaintiff but also lowered down his estimation in the eyes of the society. Defendants being Journalists were instrumental in planting the concocted version in a section of the press. On account of frivolous prosecution having been initiated against the plaintiff, he had to apply for anticipatory bail. He had to engage battory of lawyers. He remained under constant tension till he was finally acquitted after a period of about 1 ½ years. On account of the stress which he went through because of the criminal prosecution that stood initiated against him, he developed hemorrhoids, hypertension, depression, insomnia, which not only resulted in his ill health but also disturbed his family life and also disturbed his professional performance. It also lowered his social status. According to the plaintiff, defendants in furtherance of common intention and with the object to harass, insult and humiliate as also mentally torture the plaintiff had set up a false case without any reasonable and probable cause against him. According to the plaintiff, defendants tried their best to implicate him but their version was not supported by the majority of the prosecution witnesses. Plaintiff thus claimed compensation to the tune of Rs. 5.00 Lac as damages alongwith interest as prayed for in the plaint.

3. Defendants No. 1 to 4 filed their written statement denying the claim of the plaintiff. In their written statements they took the stand that the case as set up by the plaintiff was completely incorrect and false. The information which was given to the police was based upon true facts and the police after investigating th