Mere Filing Of Complaints Even If Later Found False Not Defamation: Delhi High Court

The Delhi High Court has observed that mere filing of complaints even if they are later found to be false does not automatically constitute the offence of defamation.

Justice Neena Bansal Krishna said that for defamation to be established, it must be shown that imputations were made with the intention of harming reputation or with knowledge or reason to believe that such imputations would harm reputation.

“Mere filing of Complaints, even if later found to be false, does not automatically constitute defamation, particularly when such Complaints are made to authorities in the due course of law,” the Court said.

Justice Krishna rejected a plea filed by a company's director challenging the discharge of four women employees for the offence of defamation.

He alleged that after leaving service, the women stole confidential client data and documents, and then retaliated by filing false complaints of sexual harassment, resulting in four FIRs.

The MM had dismissed his complaint holding that there was no entrustment for criminal breach of trust and no foundational material for defamation.

In revision, the ASJ upheld the MM's order but directed summoning of one of the women under Section 506 of IPC on the basis that the alleged office threat of filing false sexual harassment cases disclosed criminal intimidation.

Rejecting the plea, the Court said that whether the four FIRs registered against the man were malafide or not was not the subject matter of the Complaints and that his contentions in respect of the FIRs was not relevant for the purpose of his petition before the High Court.

It held that there was no infirmity in the Order of the ASJ and no prima facie case for summoning of the women for the offences under Section 182, 211, 406, 500, 506, 34 and 120B of IPC was made out against them, except for one woman who was rightly summoned under Section 506 of IPC.

“There is no infirmity in the impugned Order dated 16.03.2017 of learned ASJ in upholding the Order dated 02.03.2016 of learned MM. The Petition is hereby, dismissed,” the Court said.

Title: RAJAN SAREEN v. STATE NCT OF DELHI & ORS

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