M.M.CHANDRASEKHARAN NAMBOODIRI Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITION filed under Section 482 of the Code of Criminal Procedure (in short, "Cr.P.C.").

(2.) ACCUSED in C.C.No.27 of 2011 on the file of Judicial First Class Magistrate Court, Thaliparamba seeks quashment of Annexure -A1 complaint. Complainant is the 2nd respondent in this proceedings. Petitioner and the 2nd respondent are brothers. The averments in Annexure -A1 complaint would show that some observations in Annexure - A2 letter sent by the petitioner were highly objectionable to the complainant and he alleged that they are per se defamatory. The relevant portion is quoted hereunder:

(3.) LEARNED counsel for the petitioner submitted that a reading of Annexure -A2 in its entirety will show that the purport of the letter was to request the elder brother to settle family disputes. Per contra, learned counsel for the 2nd respondent submitted that indiscretion in choosing words and narrating past incidents in the letter in a false and figurative manner will make the letter defamatory. Section 499 IPC defines 'defamation' in the following words: