Defamatory statements made in good faith during legal proceedings do not constitute defamation under Section 500 IPC.

C.S. DIAS, J.

----------------------------------------

Crl. M.C No.2125 of 2021 -----------------------------------------

Dated this the 21^st day of January, 2026 ORDER The petitioners are accused 1, 2 and 4 in C.C No. 90/2020 on the file of the Judicial First-Class Magistrate – I, Thodupuzha, (‘Trial Court’ for short), which is registered on the basis of a private complaint filed by the 2^nd respondent alleging the commission of the offence punishable under Section 500 of the Indian Penal Code (‘ IPC ’, for brevity).

2. The concise case of the 2^nd respondent in Annexure A complaint is that he was appointed as an Upper Primary School Teacher in S.N.M High School, Vannapuram. Subsequently, the Manager of the School demoted him to the position of Lower Primary School teacher, thereby causing him to lose his seniority. The 2^nd respondent challenged the decision by filing W.P.(C) No. 27938/2017 before this Court.

The accused persons, who were the party respondents in the above writ petition, also filed W.P. (C) No.40942/2017, which was disposed of. After that, the accused persons (petitioners) filed R.P.No. 970/2018 (Annexure B) to review the judgment. In paragraph 2 of the review petition, it is alleged that the 2^nd respondent is misusing the orders of this Court for illegal and unlawful enrichment. The above statement has affected the dignity of the 2^nd respondent among the teachers of the school. It is also alleged that the accused persons told the other teachers that the 2nd respondent was attempting to illegally make money by misusing the judgment.

3. I have heard the learned Counsel for the Petitioner and the learned Public Prosecutor. Although notice has been served on the 2nd respondent, there is no appearance on his side.

4. The learned Counsel for the petitioners contends that, even if the allegations in the review petition are taken on their face value, it would not attract an offence under Section 500 IPC . He places reliance on the decision of this Court in Neelamkavil Jacob Johnson v. Raveendran ( 2024 (2) KLT 535 ), wherein this Court has categorically held that pleadings made in good faith will not attract an offence under . Hence, the complaint may be quashed.

5. In the above context, it is germane to refer to the allegations in the review petition, which read as follows:

“2. By the aforesaid judgment this Court had allowed the writ petition. The review petitioners are not parties to the writ petition. Review petitioners are directly affected by the judgment fo this Court and although the writ petition and judgment speaks of affected persons, neither the respondents nor this court had chosen to hear the affected parties to the case and the review petitioners and other affected U.P.S.A teachers were not made parties in the writ petition. The respondents 1 to 11 writ petitioners had suppressed material facts before this Court and obtained an order which is hit by principles of Resjudicata. The 1^st respondent is misusing the order of this Court for illegal and unjust enrichment on his part.”

6. It is also apposite to refer to Section 499 of the Indian Penal Code , which reads thus:

“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 harm, the reputation of such person, is said, except in the cases hereinafter excepted, to defame that person.

Explanation 1.- It may amount to defamation to impute anything to a deceased person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family or