Statements made in good faith within legal proceedings do not constitute defamation, provided they relate to the matters at hand and are not motivated by malice.

O R D E R

Petitioners are accused in C.C.No.3848 of 2012 of the Judicial First Class Magistrate's Court-II, Ernakulam, for the offence under Section 500 IPC.

2. The allegation against the petitioners is that they filed O.S.No.15 of 2011 before the District Court, Ernakulam, for the removal of the complainant from the post of Trustee of a Trust. In the civil suit and in the affidavit in support of the Interlocutory Application, it was averred that the complainant had misused the funds of the Trust and also sexually harassed the inmates of the Orphanage being conducted by the Trust. It is on those grounds, they sought for the removal of the complainant from the post of Trustee of the Trust.

3. It has come out that criminal cases are pending against the complainant, alleging offence of sexual harassment of the inmates of the Orphanage. Further, criminal cases are pending against the complainant for misappropriation and criminal breach of trust etc., alleging misuse of the funds of the Trust.

4. In paragraph 9 of the private complaint, the aforesaid averments and allegations contained in the Interlocutory Application filed in O.S.No.15 of 2011 have been re-produced by the complainant.

5. On going through the said averments and allegations, this Court is satisfied that those averments and allegations cannot be treated as matters defamatory to the complainant. If the plaintiffs had to wait for filing the said suit till the finalisation of all the criminal proceedings against the complainant, that would have been detrimental to the functioning of the Trust for all these period. For filing the civil suit, they had to incorporate sufficient pleadings. If falsehood had been narrated without any bona fides, it could have been stated that those matters were defamatory. At the same time, allegations are there against the complainant through criminal proceedings against him.

6. On going through the averments and allegations contained in the Interlocutory Application, as re-produced by the complainant in paragraph 9 of the complaint, it cannot be said that those averments and allegations are made with a view to defaming the complainant. Those averments and allegations are incorporated in the plaint with bona fides for getting the complainant removed from the post of Trustee of the Trust. Any malafides can not be attributed on the petitioners based on the said averments and allegations. 7. Whether the application of the explanations to Section 499 IPC are there or not are not matters arise for consideration at present. Even without that, this Court is satisfied that the matters contained in the plaint or in the Interlocutory Application filed in the suit are not defamatory when those averments and allegations are incorporated with bona fides for maintaining the suit for the removal of complainant from the Trust.

8. Matters being so, there is no merit in the private complaint pending as C.C.No.3848 of 2012 of the court below and therefore, all further proceedings in the said case, as against the petitioners, are liable to be quashed.

In the result, this Crl.M.C. is allowed and all further proceedings in C.C.No.3848 of 2012 of the Judicial First Class Magistrate's Court-II, Ernakulam, as against the petitioners are hereby quashed.

B.KEMAL PASHA JUDGE

DSV/25/1/18