A.P.Velayudhan vs Marattukulam M K
2021 Latest Caselaw 1899 Kant

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       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

           DATED THIS THE 16TH DAY OF APRIL, 2021

                          BEFORE

           THE HON'BLE MR. JUSTICE H.P. SANDESH

              CRIMINAL PETITION NO.5500/2020
BETWEEN:

A.P. VELAYUDHAN
S/O LATE M PALANI,
AGED ABOUT 79 YEARS,
NO.120, 6TH CROSS, 10TH MAIN,
INDIRANAGAR II STAGE,
BENGALURU-560038.
                                           ... PETITIONER
             (BY SRI S.G.BHAGAVAN, ADVOCATE)
AND:

MARATTUKULAM M.K.,
S/O K.T.MARATTUKULAM,
AGED ABOUT 73 YEARS,
VILLA-14, "PRESTIGE CEDAR",
CONVENT ROAD, RICHMOND TOWN,
BENGALURU-560025
                                              ... RESPONDENT
                (BY SRI NITIN R., ADVOCATE)

     THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN
C.C.NO.50533/2017 ON THE FILE OF XXIX ACMM, MAYO HALL,
BENGALURU, REGISTERED FOR THE OFFENCE PUNISHABLE
UNDER SECTION 500 OF IPC IN SO FAR AS HE IS CONCERNED.

     THIS CRIMINAL PETITION COMING ON FOR ADMISSION
THIS DAY, THE COURT MADE THE FOLLOWING:
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                            ORDER

This petition is filed under Section 482 of Cr.P.C. praying

this Court to quash the entire proceedings in C.C.No.50533/2017

on the file of XXIX Additional Chief Metropolitan Magistrate,

Mayo Hall, Bengaluru for the offence punishable under Section

500 of IPC.

2. The factual matrix of the case is that the suit in

O.S.No.29541/2012 is filed against the respondent herein. In

para No.10 of the plaint, an allegation is made against this

petitioner that he being the President, has misused his office and

authority in the Bangalore Club to settle personal scores and has

shown scant respect for the Rules and Bye-Laws of the

Bangalore Club and above all else, the Laws of the Land. He has

restored to suspension of Members, victimization of applicants

for membership and guests in the Club and indulged in frivolous

litigation causing huge financial losses to the Club. He has

neglected and rendered non-est resolutions and decisions made

by the General Body and former General Committees to

subserve his devious ends causing embarrassment to the Club

and its members and heavy financial losses thereby. He has

willfully failed to take preventive action against delinquents in

the Club leading to feelings and sentiments of discontent

amongst its members. He has also been unable to maintain law

and order in the Club and to protect its membership from

trespassers and rapists on the prowl. He has indulged in sexual

harassment and can truly be characterized a male chauvinist

leading to a complaint being lodged before the Karnataka State

Women's Commission against him. He has also abused the

process of law and has left the membership of the Club in

disarray, discontent and desperate. Hence, taking note of the

averment made in para No.10 of the plaint, the respondent

herein had filed the complaint in PCR No.51234/2014 reiterating

the averments made in para No.10 of the plaint contending that

the said statement made in the plaint disreputes him. He also

referred to the resolution passed on 01.07.2012.

3. In support of the complaint, the respondent has

been examined before the Trial Court and his sworn statement

was recorded on 03.10.2016. The Trial Court, after considering

the complaint averments and also sworn statement, issued the

process against this petitioner and also the other petitioners by

passing the reasoned order. Hence, the present petition is filed

by the petitioner, who has been arraigned as accused No.1

challenging the said order.

4. The main contention of the learned counsel for the

petitioner before this Court is that the averments made in the

plaint do not constitute an offence and also the ingredients of

Section 499 of IPC. The learned Magistrate has committed an

error in taking the cognizance for the offence punishable under

Section 500 of IPC. Learned counsel also would vehemently

contend that the Explanation 4 of Section 499 of IPC is very

clear that the same would not tarnish the image of the

respondent in the estimation of the others and reputation was

not lowered, and the same would comes within the purview of

Explanation 4 of Section 499 of IPC. Hence, learned counsel

would vehemently contend that there cannot be any criminal

prosecution against this petitioner and if any proceedings is

continued, it amounts to an abuse of process.

5. Per contra, learned counsel appearing for the

respondent would vehemently contend that the allegation made

in para No.10 of the plaint in the original suit in

O.S.No.29541/2012 constitute an offence punishable under

Section 500 of IPC. Apart from that even they have passed the

resolution against the respondent herein, who was the President

of the Bengaluru Club disreputing his image. Learned counsel

also would vehemently contend that the respondent was working

as a President and the allegation against him is that he has not

taken any steps to protect the interest of the lady member and

also he has not provided any security to the members of the

Club. Learned counsel brought to the notice of this Court para

No.10, wherein it is alleged against this petitioner that he

indulged in sexual harassment.

6. Learned counsel in support of his arguments, he

relied upon the judgment of this Court in the case of Sushma

Rani v. H.N.Nagaraja Rao reported in 2020 SCC Online KAR.

1913 and brought to the notice of this Court para Nos.28 to 32

which deals with regard to the publication of defamatory

statement. In para No.32, this Court held that in the form of

statement of objections, in the matrimonial case, she has also

revealed the contents of the same to the relatives and a friend of

the complainant, which clearly establishes that there was

publication as required under Section 499 of IPC of the alleged

defamatory statement by the accused. Hence, prayed this court

to dismiss the petition.

7. Learned counsel for the respondent brought to the

notice of this Court the sworn statement of the

complainant/respondent, wherein he also reiterated the

averments of the complaint and learned Magistrate also passed a

reasoned order, particularly, with regard to disreputing the

image of the petitioner by lowering the moral character of the

respondent herein. Learned counsel also would submit that other

accused persons have also approached this Court in

Crl.P.No.2902/2017 and the said petition is similarly placed and

this Court vide detailed order dated 24.03.2020 rejected the

petition. There is no any changed circumstances or any factors

to deviate from the order passed by this Court.

8. Having heard the learned counsel for the petitioner

as well as learned counsel for the respondent and so also on

perusal of the material available on record, this Court has to look

into the averments made in para No.10 of the plaint. This Court

had already mentioned the averments made in para No.10 of the

plaint, particularly, a reference is made that the respondent has

indulged in sexual harassment and can truly be characterized a

male chauvinist leading to a complaint being lodged before the

Karnataka State Women's Commission against him and other

allegations are also made against the respondent.

9. The very contention of the learned counsel for the

petitioner that the said allegations would come within the

purview of Explanation 4 of Section 499 of IPC, as per which in

the estimation of others, the reputation of the respondent has

not been lowered. When the specific allegation is made in the

complaint against this petitioner and also no doubt, the said suit

was withdrawn and apart from that the resolution was also

passed against the respondent and when the

complainant/respondent also examined before the Trial Court

and in his sworn statement, he reiterated the averments made in

para No.10 of the plaint and he has also given the evidence that

due to the act of the petitioner herein and other accused

persons, it has resulted in disreputing the image in the general

public and also the same has lowered the respect of the

respondent, who served as a President of the Club,.

10. Having taken note of the material available on

record, particularly, para No.10 of the plaint and also the

allegations made in the complaint and so also the sworn

statement, this Court had dealt with the matter in detail in

Crl.P.No.2902/2017. The petitioner herein is also similarly

placed in view of the specific allegations made in the plaint.

Hence, there is a force in the contention of the respondent's

counsel that this Court cannot deviate from the decision which

had already been rendered by this Court. Having perused the

material available on record, the very contention of the learned

counsel for the petitioner that the same would come within the

purview of Explanation 4 of Section 499 of IPC, cannot be

accepted and the matter requires trial so as to ascertain whether

with an intention to disrepute the respondent, the petitioner

herein had made such statement or not. The very intention of

the petitioner herein also to be examined by the Trial Court by

conducting a full fledged trial as to whether it constitutes an

offence under Section 500 of IPC.

11. In view of the discussion made above, I proceed to

pass the following:-

ORDER

(i) The petition is hereby rejected.

(ii) The Trial Court is directed to dispose off the

matter as expeditiously as possible.

In view of rejection of the main petition, I.A., if any does

not survive for consideration and the same stands disposed of.

Sd/-

JUDGE

PYR