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6. It was further contended by the learned counsel for the petitioner that the inferences drawn by respondent No.1 on the basis of circumstances and statements made during litigation between the parties cannot be considered defamatory under Sections 499/500 IPC. The police officer, who investigated the complaint of respondent No.1 and witnesses examined under Section 161 Cr.P.C. by the police, cannot be made co-accused in a defamation complaint. Admittedly, respondent No.1 is litigating with the petitioners and the averments made by the petitioners in civil proceedings, which are under adjudication, cannot be made the subject matter of a complaint for defamation. Even if it is presumed that the statements made by the petitioners are defamatory in nature, they would be covered by the fifth exception to Section 499 IPC.

Crl.M.C. No. 447/2013 P age 4 of 14

10. It was further contended by the learned counsel for respondent No.1 that pleadings filed by the petitioners in civil proceedings, can be quoted out of context and used for filing a complaint for defamation. Any averment made in judicial records containing defamatory statements, amounts to publication as the judicial records are public documents. Fifth exception to Section 499 IPC is not applicable to the present proceedings as it is solely based upon the proposition of good faith, which cannot be decided at a preliminary stage and could only be determined after completion of trial. This Court while exercising its inherent powers cannot quash the complaint only on the basis that the trial will not result in conviction of the accused persons. The opinion given by the IO in the closure reports without any substantive proof on record are not the acts done in official capacity and may have an effect of tarnishing the image of respondent No.1 before the public.

17. Ingredients of Section 499 IPC were discussed by this Court in „Standard Chartered Bank v. Vinay Kumar Sood‟, 2010 CrlLJ 1277 wherein it was observed as under:-

"7. For an offence of defamation as defined under Section 499 IPC, three essential ingredients are required to be fulfilled:-

(i) Making or publishing any imputation concerning any person;

(ii) Such imputation must have been made by words either spoken or intended to be read or by signs or by visible representations.

20. It is a settled law that to decide whether the imputations amount to defamation, a court has to read the complaint as a whole and find out whether allegations disclosed constitute an offence under Section 499 IPC triable by the Magistrate. In 'Shatrughna Prasad Sinha vs. Rajbhau Surajmal Rathi and Ors.' (1996) 6 SCC 263 the Apex Court was of the view that:

"13..... It is the settled legal position that a Court has to read the complaint as a whole and find out whether allegations disclosed constitute an offence under Section 499 triable by the Magistrate. The Magistrate prima facie came to the conclusion that the allegations Crl.M.C. No. 447/2013 P age 8 of 14 might come within the definition of 'defamation' under Section 499 IPC and could be taken cognizance of. But these are the facts to be established at the trial. The case set up by the appellant are either defences open to be taken or other steps of framing a charge at the trial at whatever stage known to law. Prima facie we think that at this stage it is not a case warranting quashing of the complaint filed in the Court of Judicial Magistrate, Ist Class at Nasik. To that extent, the High Court was right in refusing to quash the complaint under Section 500, IPC."