Indian Penal Code. Defamatory statement made in cross-examination without any deliberate intent. No case made out under Section 500. Proceedings quashed. Karnataka High Court.

Mauna vs K.G.Mahesh Murthy. Criminal Petition 101295/2017 decided on 26 November 2020. Justice H.B. Prabhakara Sastry

Judgment Link: Microsoft Word – CRL.P. No.101295.2017.doc (kar.nic.in)

Relevant paragraphs: It is …the case of the complainant in the trial Court that the petitioner herein in her cross- examination in the complaint filed by her under D.V.  Act, made a statement that her father through her friends secured liquor for the consumption of the complainant, the present respondent. She admitted that Ex.P.68 is with respect to purchase made in a Military Canteen.

The point to be considered which is of most importance in the matter is what made the petitioner to make that statement. Admittedly, the said statement which is alleged to be defamatory has not been made by the petitioner on her own. Nowhere in  the examination-in-chief she has referred that her father-in-law is in the habit of consuming liquor. The very father-in-law as the complainant in the trial Court himself in his complaint has stated that no allegation against him was made in the complaint filed by his daughter-in-law alleging domestic violence….the said alleged statement of defamation was elicited from the complainant in the said complaint under D.V. Act only in her cross-examination. That means, it was not a statement voluntarily made by her but she was  put with some questions, for which, as an answer she has made that statement.

It cannot be said that it was a statement made voluntarily and willfully by the witness with an intention to defame the reputation of the present respondent, as such, in order to avoid abuse of the process of law in the trial Court, interference of this Court under Section 482 Cr.P.C. is warranted. .Proceedings against the petitioner quashed.

Compiled by S. Basavaraj and Kriti Taggarse Daksha Legal.