Yes you can ask your parents to file a defamation case, if a report has been filed then a defamation case can be filed.
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Filing a defamation case
Hello Experts, Would it be appropriate for my parents to file a defamation case against my wife? An FIR was lodged against my parents and me u/s 498a,406 in 2015 and in 2016 ADGP Chd.inquiry report stated them innocent and police filed the challan on my name in 2017. Moreover, I heard that wife can file a 319 application to summon my parents in that case. So, my question is, can a defamation case be filed (based on ADGP Chd. inquiry report) before my wife files a 319 application? Thanking you
Asked 8 years ago in Criminal Law
Religion: Hindu
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10 Answers
Your parents can file defamation case against your wife for having maligned their reputation under section 500 of IPC
Sir, even if you file defamation against your wife , allowing of application under 319 is not bound by it..it depends upon the discretion of court whether to allow 319 and make them join the trial..
1. Filing of a case depends on the turn of vents. if there is incident of defamation then certainly it can be filed but do not file any false case.
2. Since their name has been deleted from the charge sheet making them co accused in the 498A case become a bleak possibility.
3.Howeevr there is restraint in your wife to file petition u/s319 CRPC by your wife.
1. Has the court accepted the challan and discharged your parents? Has your wife filed a protest petition against the police report?
2. Unless the court has discharged/acquitted your parents it will be an exercise in futility for them to file the defamation case.
If the 498a case has been disposed off already based on the report of the ADGP Chd. inquiry report and you and your parents have been acquitted of the charge in the said case, they may file a defamation suit against your wife,.
Hello Experts, Grateful to you all for the legal reply. Linking to previous question still bit confused about filing a defamation case. as clearly pointed out by the experts, Devajyoti Barman (Since their name has been deleted from the charge sheet making them co accused in the 498A case become a BLEAK possibility) and Ashish Davessar ( Unless the court has discharged/acquitted your parents it will be an exercise in FUTILITY for them to file the defamation case). I know i am asking same question again, Is there any chance of success of filing defamation case. Thanking you
Asked 8 years ago
if your parents name have been deleted from charge sheet dont file any defamation case
case would take around 10 years to be disposed of
You have not answered my two questions, so I cannot answer your.
It will not be possible for her to file a petition under section 319 cr.p..c.
he has already filed a complaint with the police on which police has taken action as per provisions of law, hence she cannot invoke the referred section by herself, the prosecution only will decide about it.
Further there is no ingredient for a defamation case that can be filed by your parents against her.
Since there are no ingredients for filing a defamation case at this stage under the said provisions of law, it may not stand ground or it will be maintainable.
As suggested earlier, you may wait for the disposal of case and if the case is subsequently dismissed then you can plan about file a defamation case.