The Allahabad High Court, while citing the provisions of Criminal Procedure Code, held that no power of any kind to register an FIR for criminal defamation is vested in the police.
The Division Bench of Justice Mahesh Chandra Tripathi and Justice Gajendra Kumar passed this order while hearing a petition filed by Sumbreen Jamal.
The petitioner, by means of the petition under Article 226 of the Constitution of India, has invoked the jurisdiction of the Court with prayer to quash the First Information Report dated 18.08.2023 registered as Case under Sections 323, 504, 506, 500 IPC, Police Station Cantt, District Prayagraj and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report.
Counsel for the petitioner has vehemently submitted that the defamation is non-cognizable offence no investigation can be done without the prior permission of competent court, hence as such there is bar/ or registration of FIR under Section 500 of IPC. Section 199 Cr.P.C envisages filing of a complaint in Court.
He submitted that no case of Criminal defamation neither can any FIR be filed nor can any direction be issued under Section 156(3) Cr.P.C and the impugned FIR is liable to be quashed in view of law laid down by the Apex Court in Kanhaiya Lal & Others vs State Of U.P & Another (2000) SCC Online All 1241.
He lastly submitted that as the dispute is between the Advocate and the litigant (client) and both belong to the reputed family, still there is an ample chance for settling the matter amicably by way of mediation and conciliation and therefore, the matter may be referred to the Mediation and Conciliation Centre of the Court.
The Court said that once the parties are willing to resolve their dispute amicably then we deem it appropriate to refer the matter to the Allahabad High Court Mediation and Conciliation Centre for an amicable settlement and both the parties are directed to appear at the Mediation Centre on 28.03.2023. We hope and trust that on the said date, the parties may settle their dispute amicably.
The Court has also directed the Mediation Centre to submit a report on or before 15.4.2024.
Till the next date of listing, respondents are restrained to arrest the petitioner pursuant to the impugned F.I.R subject to cooperation in the on-going investigation, the Court ordered.
The Court has fixed the next hearing of the petition on 15.4.2024.