ALPANA GHOSH Vs. AMITAVA GHOSH

JUDGEMENT

(1.) This is an application under Sec. 482 of the Code of Criminal Procedure filed by the petitioners/accused persons for quashing of the proceedings in connection with Complaint Case no. C/3915/2017, under Sec. 500 of IPC now pending before the Court of Ld. Judicial Magistrate, 7th Court at Alipore and all orders passed in connection therewith including order dtd. 1/12/2017 whereby the Ld. Chief Judicial Magistrate, Alipore has issued process against the present petitioners.

(2.) According to the facts of the case, one Mrs. Bela Paul an aged widow/ apartment owner of the society, on 3/6/2017, had applied for permission for effecting repairs of her apartment. The secretary of the society allowed the same. Subsequently on 25/6/2017 at AGM, a resolution to stop the said repairing work was passed alleging, inter alia that Mrs. Paul might transfer her membership of the society and her apartment. On 12/7/2017, the legal advisor of the society gave a written opinion that the resolution adopted in the AGM dtd. 25/6/2017 was illegal and in contravention of the applicable statute. An emergency meeting of the Board of Directors convened on 7/8/2017 was attended by seven out of nine directors. The complainant, opposite party herein, construed to resumption of the repair work at Mrs. Bela Paul's apartment. Accused no. 1 to 3/petitioners herein opposed the same. When the accused no. 2 started shouting at the complainant (who was suffering from fever), he decided to recuse himself from the said meeting.

(3.) On 9/8/2017, an alleged defamatory letter was addressed to the chairman of the society. The same was sent to the office of the society on 10/8/2017. And on 12/8/2017, the same was circulated among all the members of the society. Contents of the alleged defamatory letter stated: (i) Complainant threatened Petitioners with dire consequences and also demeaned female members of the society. (ii) Opposite party caused premature dissolution of the meeting by indecorous behavior in breach of his duties as vice-chairman of the Board of Directors. (iii) Opposite party was dismissive of the lawful suggestions made by petitioners.