Filing a Criminal Complaint Not Defamation: Jabalpur HC Quashes Bhopal Court Order

Jabalpur, Madhya Pradesh: In a significant ruling, the Madhya Pradesh High Court has quashed a defamation proceeding initiated by a divorced wife against her former husband in Bhopal. Justice B.P. Sharma, sitting singly, clarified that filing a criminal complaint with a competent authority under a legal right does not amount to defamation under Section 499(8) of the Indian Penal Code (IPC).

Background of the Case
The case arose when Syed Rashid Ali’s divorced wife filed a defamation suit against him. Previously, following marital disputes, Ali had filed a case against his wife under Section 498A IPC, for which he initially received a one-year sentence. The appellate court later acquitted him, though his wife’s appeal against this acquittal remains pending in the High Court.

After the divorce, the wife alleged that Ali, following a divorce under Muslim law, filed criminal complaints against her and her relatives under Sections 420, 467, 468, 471, 477, 494, and 149 IPC. The Bhopal court had acquitted the wife and others in this matter on 14 October 2023.

Defamation Allegations
In response, the wife filed a defamation case against Ali under Sections 499 and 500 IPC. She alleged that Ali’s complaints were false, caused her mental anguish, tarnished her reputation, and exerted pressure to withdraw pending criminal cases. Based on her and her father’s statements, the JFMC of Bhopal ordered criminal proceedings against Ali under Section 500 IPC, which carries a potential sentence.

High Court’s Ruling
Ali’s petition argued that his complaint was filed in good faith before a competent authority under his legal rights. The High Court recognized that Section 499(8) IPC provides protection for such acts. Upholding this, Justice Sharma held that filing a criminal complaint under these circumstances cannot constitute defamation. Consequently, the ongoing criminal defamation proceedings against Ali in the Bhopal court were quashed.

This ruling reinforces that exercising legal rights responsibly and in good faith, even against family members, does not amount to defamation under Indian law.