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2026 Supreme(Online)(MP) 36737

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
Pramod Kumar Agrawal, J
Rahul Gandhi – Appellant
Versus
Kartikey Singh Chauhan – Respondent
MISC. CRIMINAL CASE No. 13941 of 2026



Important Points

Criminal proceedings for defamation under Section 500 IPC may be quashed or closed when the accused expresses public regret and the complainant voluntarily consents to the cessation of proceedings, provided the court is satisfied that such resolution serves the interest of justice.

Subject

Criminal Law - Defamation/Quashing of Proceedings

Act Referred

Bharatiya Nagarik Suraksha Sanhita (BNSS): S.528
Indian Penal Code, 1860: S.500

Headnote

The petitioner challenged an order taking cognizance of an offence under Section 500 of the Indian Penal Code, 1860. The matter involved an allegedly defamatory statement made during an election campaign. The petitioner clarified that the reference was not intended for the complainant and expressed public regret for the misunderstanding. The question before the court was whether the criminal proceedings could be closed in light of the petitioner's public apology and the complainant's subsequent consent to drop the matter. The court reasoned that since the parties reached an amicable resolution and the complainant did not wish to escalate the issue, the interest of justice would be served by terminating the proceedings. The court ordered that the proceedings pending before both the High Court and the trial Court shall stand closed.

Advocates:
For the Appellants/Petitioners: Vivek Krishna Tankha, Ajay Gupta, Aishwarya Sahu, Rajeev Mishra
For the Respondents: Sankalp Kochar

Table of Content
1. initiation of quashing petition following trial court summons. (Para 1 , 2)
2. submission of apology and reciprocal consent for closure of proceedings. (Para 3 , 4 , 5 , 6 , 7)
3. formal closure of criminal litigation upon amicable settlement. (Para 8 , 9 , 10)

ORDER

Applicant has preferred the present petition filed u/s 528 of BNSS challenging the order dated 13.12.2024 passed by the learned Trial Court taking cognizance of the offence punishable under Section 500 of the Indian Penal Code, 1860, in Criminal Case No. S.C.P.P.M. 3/2025 and summoning the applicant.

2. During pendency of the petition, applicant has moved I.A. No. 14821/2026, which is an application for bringing on record the applicant's statement of which paragraphs 2 and 3 are reproduced as under:-

"2. That the applicant on October 29th, 2018, during the then ongoing Assembly Election campaign, made the allegedly defamatory statement in Jhabua, wherein a reference was made to so-called Panama Papers. Upon discovering that Respondent’s name erroneously appeared in the said statement, on the very next day — i.e. on October 30th, 2018 — the applicant clarified in public that who he had intended to refer to was the son of the former Chief Minister of Chhattisgarh as having been named in the widely reported Panama Papers controversy and not the Respondent or his father, the then Chief Minister of Madhya Pradesh. The applicant, thus, express his regret. The applicant stands by the said public clarification and look forward to voluntary cessation of proceedings.

3. That, in view of the above, it would be in the interest of justice if the case is closed and proceedings before the learned Trial Court are dropped against the applicant."

3. On behalf of respondent, written reply has been filed in which it is mentioned that in view of subsequent developments, the regret expressed by the applicant and the statement brought on record the answering respondent/complainant does not intent to escalate the issue further, the proceedings before this Court as well as trial Court be closed after making the verbatim statement brought on record vide I.A. No. 14821/2026 part of the final order whereby regret has been expressed for making the alleged defamatory statement.

4. Learned Senior Counsel for the applicant submits that applicant has expressed his regret which has been accepted on behalf of the respondent in written reply and respondent is also agreed if the proceedings be closed before this Court as well as trial Court.

5. Learned counsel for the respondent submits that in this case vide I.A. No. 14821/2026 applicant has clarified and expressed regret which is mentioned in paragraphs 2 and 3 therefore, in the light of such statement and expressing his regret, the further proceedings before this Court as well as trial Court be closed/disposed off.

6. I have heard learned Senior Counsel for the applicant and counsel on behalf of respondent/complainant.

7. Applicant has filed this petition under Section 528 of BNSS challenging the order dated 13.12.2024 passed by trial Court whereby cognizance for the offence u/s 500 of IPC has been taken and summoning the applicant has been passed by the trial Court. Applicant has expressed his regret for alleged defamatory statement mentioned in paragraphs 2 of I.A. No. 14821/2026 and the respondent has filed reply to the said I.A. in which it is mentioned that in view of the regret expressed by the applicant, the proceedings before this Court and trial Court be closed.

8. Considering the statement of applicant mentioned in I.A. No. 14821/2026 and the reply filed to the aforesaid IA as well as arguments advanced by learned counsel for both the sides wherein regret has been expressed by applicant, the proceedings before this Court are closed and proceedings pending before the JMFC, Special Judge (MP & MLA) complaint case no. SCPPM No. 03/2018 Bhopal shall also stand closed.

9. With the aforesaid, present petition stands disposed of

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