Defamation Proceedings Quashed Under Section 528 BNSS Following Expression of Regret and Complainant’s Consent

The applicant, a political leader, challenged an order dated 13.12.2024 passed by the Trial Court, which took cognizance of a criminal defamation complaint under Section 500 of the Indian Penal Code (IPC) and issued a summons.

The complaint originated from a statement made by the applicant during an election campaign in 2018 regarding the "Panama Papers" controversy.

During the High Court proceedings, the applicant filed an interlocutory application (I.A. No. 14821/2026) clarifying that his statement erroneously named the respondent and expressed regret for the same.

The respondent subsequently filed a reply stating that, in light of the expressed regret and clarification, he did not wish to pursue the matter further.

1. Whether the criminal proceedings for defamation under Section 500 IPC should be quashed/closed in light of the mutual settlement and expression of regret by the applicant.

Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which pertains to the inherent power of the High Court to pass orders necessary to give effect to any order under the Code, prevent abuse of the process of any Court, or otherwise secure the ends of justice.

Section 500 of the Indian Penal Code, 1860, regarding the substantive offense of defamation.

The court evaluated the application for clarification (I.A. No. 14821/2026) wherein the applicant stated that his 2018 statement was meant to refer to a different individual and that he had issued a public clarification the following day.

The court noted that the applicant formally placed his "regret" on the record and sought the cessation of proceedings.

The court then observed the respondent's stance, noting that the complainant accepted the regret and explicitly requested that the proceedings be closed to avoid further escalation.

By weighing the mutual consent of both parties and the applicant’s expression of regret, the court determined that continuing the criminal prosecution would no longer serve the interests of justice.

The court allowed the petition, ordered the closure of proceedings in the High Court, and directed that the proceedings pending before the JMFC, Special Judge (MP & MLA) in Complaint Case No. SCPPM No. 03/2018 (Bhopal) shall also stand closed.