Defamation case against other accused cannot be set aside if complainant, main accused reach compromise: Karnataka HC

The allegations against the other accused were that they had conspired with the main accused to publicise the matter in the media and had given “false statements” to investigating officers. Later, the main accused withdrew the sexual harassment complaint and reached a compromise with the defamation complainant.

The counsel for the petitioners argued that once the main accused had ‘compromised’, there was no question of continuing the defamation case and that there was also no material against them.

Thereafter, the bench stated, “Having taken note of the material considered by the Trial Court against the petitioners, the Trial Court has issued summons. When such materials are placed on record, it is not a fit case to exercise the inherent power under Section 482 of Cr.P.C. and this Court does not find any abuse of process as contended by the learned counsel for the petitioners and the contention that there is no material against the petitioners cannot be accepted… the Court has to take note of the allegation made against each of the accused and when prima facie materials are found against the petitioners to take cognizance and issued the process, the question of interference by exercising the power under Section 482 of Cr.P.C. does not arise.”

The petition by the co-accused petitioners to quash the case was then dismissed.