Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28229 of 2008 ====================================================== 1. Sanjay Gupta, Editor, Dainik Jagran Newspaper, Son of Late narendra Mohan, Resident of Circle no.243, Kidwaipuri, Police Station Budha Colony, District Patna. 2. Sunil Gupta, Director, Dainik Jagran, Son of Yogendra Mohan, Daily News Paper Circle 243, Kidwaipuri, Police Station Budha Colony, District Patna. 3. Anand Tripathi, Son of late Gauri Shankar Tripathi, General Manager, Dainik Jagran, Kidwaipuri, Police Station Budha Colony, District Patna. .... .... Petitioner/s Versus 1. The State of Bihar 2. The Bihar Industrial Area Development Authority, having its Office at present at Indira Bhawan, 6th Floor, Ram Charitra Singh Path, Boring Road, Police Station Sri Krishnapuri, District Patna through its Assistant Development Officer, BIADA. .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 10 20-04-2012 Heard Shri Nirbhay Kumar Singh, learned counsel for the petitioners, Shri Kumar Priya Ranjan, learned counsel appearing on behalf of the complainant/opposite party no.2 and Shri Anil Kumar, learned Additional Public Prosecutor. The present petition was filed for quashing of entire criminal proceeding and order of cognizance dated 13.7.2007 passed by learned Chief Judicial Magistrate, Patna Patna High Court Cr.Misc. No.28229 of 2008 (10) dt.20-04-201 2 / 3 2 in Complaint Case No.2230(M) of 2007, whereby order of cognizance was passed under [STATUTE] including Section 14 of the Press and Registration of Books Act,1867. In this case, a counter affidavit has been filed on behalf of the complainant/opposite party no.2. Stand has been taken by the parties that dispute in between the parties have already been settled outside the court. It was further submitted that identically number of other cases were filed. In some of the cases on the ground of compromise, this Court has already quashed the entire proceeding. Learned counsel for the petitioners submits that only on 5.4.2012 in Cr. Misc.No.12168 of 2009, this Court has quashed similar proceeding in Complaint Case No.1923-M of 2007 in view of averment made in the counter affidavit. Patna High Court Cr.Misc. No.28229 of 2008 (10) dt.20-04-201 3 / 3 3 In this case also in paragraphs 23 and 24 of the counter affidavit, almost similar stand has been taken by opposite party no.2. In view of the fact and circumstances, particularly stand taken by the complainant/opposite party no.2, the court is of the opinion that no purpose would be served in allowing the proceeding in Complaint Case No.2230(M) of 2007 to proceed before the court below. Accordingly, the entire criminal proceeding in Complaint case No.2230(M) of 2007 is hereby set aside. The petition stands allowed. N.H./- (Rakesh Kumar, J)

Applicable IPC Section: 500

Statute Text:
Section 500 of the Indian Penal Code. Defamation against the President or the Vice-president or the Governor of a State or Administrator of a Union Territory or a Minister in respect of his conduct in the discharge of his public functions when instituted upon a complaint made by the Public Prosecutor. Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.