Intent to harm is necessary for establishing defamation under Indian Penal Code, and good faith expressions in a cooperative society's governance are protected from such allegations.

1. This is an application under Section 482 of the Code of Criminal Procedure filed by the petitioners/accused persons for quashing of the proceedings in connection with Complaint Case No. C/3915/2017, under Section 500 of IPC now pending before the Court of Ld. Judicial Magistrate, 7th Court at Alipore and all orders passed in connection therewith including order dated 1st December, 2017 whereby the Ld. Chief Judicial Magistrate, Alipore has issued process against the present petitioners.

2. According to the facts of the case, one Mrs. Bela Paul an aged widow/ apartment owner of the society, on 3 June 2017, had applied for permission for effecting repairs of her apartment. The secretary of the society allowed the same. Subsequently on 25 June, 2017 at AGM, a resolution to stop the said repairing work was passed alleging, inter alia that Mrs. Paul might transfer her membership of the society and her apartment. On 12 July ,2017, the legal advisor of the society gave a written opinion that the resolution adopted in the AGM dated 25 June, 2017 was illegal and in contravention of the applicable statute. An emergency meeting of the Board of Directors convened on 7 August, 2017 was attended by seven out of nine directors. The complainant, opposite party herein, construed to resumption of the repair work at Mrs. Bela Paul's apartment. Accused Nos. 1 to 3/petitioners herein opposed the same. When the accused No. 2 started shouting at the complainant (who was suffering from fever), he decided to recuse himself from the said meeting.

3. On 9 August, 2017, an alleged defamatory letter was addressed to the chairman of the society. The same was sent to the office of the society on 10 August, 2017. And on 12 August, 2017, the same was circulated among all the members of the society. Contents of the alleged defamatory letter stated:
(i) Complainant threatened Petitioners with dire consequences and also demeaned female members of the society.
(ii) Opposite party caused premature dissolution of the meeting by indecorous behavior in breach of his duties as vice-chairman of the Board of Directors.
(iii) Opposite party was dismissive of the lawful suggestions made by petitioners.

4. On 23 August, 2017, the opposite party through his Advocate issued notice to the petitioners for ceasing the publication and circulation of the alleged defamatory letter and to issue written apology denying the impugned allegations against him. Lastly, on 14 November ,2017 the alleged defamatory letter was found pasted on the wall of the elevators of the apartments of the said society. The opposite party contended that the phrase and expressions used in the impugned letter are designed to invite adverse opinion against the opposite party and amount to an attack on moral standing of the opposite party, and to harm reputation of the opposite party in front of the members of the society and other peers. The allegations made in the letter are baseless and have been made in bad faith with the intent to cause harm to reputation of the complainant. Thus the opposite party filled a complaint before the Learned Chief Judicial Magistrate, Alipore, South 24 Paraganas, vide, complainant case No. C/3915/2017 under Section 500 of Indian Penal Code .

5. In this instant application, the petitioners submitted that they are innocent and are in no way connected with any offence far less offence alleged herein.

6. As stated in section 499 of I.P.C defamation means:
'499. Defamation.-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 h