By way of the present petition under Article 227 of the Constitution of India read with Section 482 of Criminal Procedure Code (hereinafter referred to as Cr.P.C.) the petitioners seek quashing of the criminal complaint case No. 49 of 2012 filed by respondent No.1 in the Court of learned Metropolitan Magistrate-06 (East), Karkardooma Court, Shahdara, Delhi alleging offences under Section 499 read with Section 500 of the Indian Penal Code (hereinafter referred to as IPC) alongwith quashing of the summons issued pursuant thereto.Succinctly stating the facts of the present case as emerging from the petition are that marriage between petitioner No.3 and respondent No.1 was solemnized on 26.11.2001 as per Hindu rites, customs and Crl.M.C. No. 447/2013 P age 1 of 14 ceremonies.At that time, she took along with her their minor daughter who was only five years old.Since then, there have been continuous inter se disputes between petitioner No.3 and respondent No.1 which are pending adjudication before various courts.During the course of the said proceedings, pleadings were filed by the petitioners which were taken to be defamatory by respondent No.1 and accordingly a criminal complaint was filed.On the basis of the said complaint case No. 49/2012, the petitioners received summons on 01.02.2013 from the court of learned Metropolitan Magistrate, Karkardooma Courts, Delhi under Sections 500/34 IPC.It is against the said complaint case and the summons received by the petitioners that the petitioners have filed the present petition.Learned senior counsel for the petitioners contended that the complaint is not maintainable as the respondent No.1 has not specified the averments in the pleadings on the basis of which she is resting her claim for defamation.Pleadings filed by the petitioner in the civil proceedings as well as the statement made under Section 161 Cr.P.C. cannot be made the basis of the complaint for defamation.Respondent Crl.M.C. No. 447/2013 P age 2 of 14 No.1 has not identified any specific allegations/imputations made by the petitioners against her constituting an offence of defamation of respondent No.1 in public.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.The petitioners have always made highly defamatory false statements.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.It was also contended by the learned counsel for respondent No.1 that despite the defamatory allegations made by the petitioners and other accused persons against respondent No.1, the trial court has ordered to file supplementary chargesheet against the petitioners after finding the truth in the protest petition of the respondent No.1 in FIR No. 273/2010 under sections 498A/406/34 IPC.I have given my thoughtful consideration to the submissions made by the learned counsel for the parties.

Sections cited: Section 500 in The Indian Penal Code, Section 498A in The Indian Penal Code, Section 34 in The Indian Penal Code, Section 406 in The Indian Penal Code