MAHESWARIAMMA T. R. Vs. KISHOR DAMODHARAN

JUDGEMENT

(1.) The petitioner is the accused in C.C.No.159 of 2022 pending before the Judicial Magistrate of the First Class-I, Thiruvananthapuram. On the basis of Annexure-IV complaint filed by the 1st respondent, summons was issued to the petitioner to answer the offences punishable under Ss. 182 and 500 of the Indian Penal Code, 1860 (IPC). The petitioner seeks to quash Annexure IV complaint and all further proceedings in C.C.No.159 of 2022.

(2.) The petitioner produced Annexures I to V. The 1st respondent filed a counter affidavit producing therewith Annexures R1(a) to R1(g). The 1st respondent would contend that Annexure II complaint filed by the petitioner before the Commissioner of Police, Thiruvananthapuram contains defamatory statement and when such statements were made with the intention of lowering reputation of the 1st respondent among his friends and well-wishers and with the oblique motive of implicating him in offences under the Protection of Children from Sexual Offences Act, 2012 (PoCSO Act), her intention to make defamatory imputations is quite evident. The 1st respondent would categorically contend that the petitioner is liable to be proceeded against based on Annexure IV complaint.

(3.) Heard the learned counsel for the petitioner, the learned counsel for the 1st respondent and the learned Senior Public Prosecutor.