Defamation quashing under inherent powers denied where good faith defence under the Tenth Exception required evidence at trial.

A defamation complaint under Section 482 CrPC was not liable to be quashed at the threshold where the complaint disclosed allegations capable of constituting the offence and the accused's reliance on the Tenth Exception to Section 499 IPC turned on disputed questions of good faith and public good. The Court reiterated that inherent power under Section 482 is to be used sparingly, only to prevent abuse of process or secure the ends of justice, and that quashing is appropriate only when the complaint, on its face, does not disclose an offence. Because the defence required evidence, the matter had to proceed to trial and the appeal failed.

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Issues: Whether the complaint alleging defamation could be quashed under Section 482 of the Code of Criminal Procedure, 1973 on the ground that the publication was a caution issued in good faith and for public good and therefore fell within the Tenth Exception to Section 499 of the Indian Penal Code, 1860.

Analysis: The scope of the High Court's inherent power under Section 482 of the Code of Criminal Procedure, 1973 is wide but must be exercised sparingly, cautiously and only to prevent abuse of process or secure the ends of justice. Quashing is justified where, on the face of the complaint, the allegations do not constitute the offence alleged; however, where the defence depends upon disputed facts and evidentiary issues, the matter must ordinarily proceed to trial. In a prosecution for defamation, the accused invoking the Tenth Exception to Section 499 of the Indian Penal Code, 1860 must establish that the publication was made in good faith and for public good, and these requirements cannot be determined conclusively in the absence of evidence when the complaint itself discloses allegations capable of constituting the offence.

Conclusion: The complaint was not liable to be quashed at the threshold and the appeal failed.

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