Indian Penal Code, 1860; Section 499, 500 – Code of Criminal Procedure, 1973; Section 482- Prosecution for defamation for the offence under Section 499, which is punishable under Section 500 of the IPC, cannot be quashed on the ground that the offending allegations have been withdrawn.
Summary: Defamation case against accused- for allegedly making Defamatory statement against the Gujarati people and the entire society of Gujarat by describing all Gujarati people as “thugs’ – In the facts of the present case, not only that the statements have been unconditionally withdrawn, but the petitioner has also explained the circumstances and the context in which the statements were made – after the petitioner has explained the context in which he made the statements and after withdrawal of those statements, in the facts of the case, it is unjust to continue the prosecution. No purpose will be served by continuing the prosecution – Invoking Article 142 powers, the Court quashed the criminal proceedings.