Dr. L. Murugan vs. Murasoli Trust

CORRECTED

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. @ SLP(Crl) No.12091-12092/2023

DR. L. MURUGAN APPELLANT(S)

VERSUS

Digitally signed by NARENDRA PRASAD Date: 2024.12.09 16:03:19 IST Reason:

MURASOLI TRUST RESPONDENT(S)

O R D E R

1. Leave granted.

2. The present appeal challenges the judgment and order dated 05.09.2023 passed by the learned Single Judge of the High Court of Judicature at Madras, vide which the petition filed by the appellant herein for quashing of the complaint filed under Sections 499 and 500 of the Indian Penal Code, came to be rejected.

3. The appellant is a Member of Parliament belonging to Bhartiya Janta Party. At the relevant time he was occupying the Office of the Vice-Chairman of The National Commission for Scheduled Castes and Scheduled Tribes (NCSCST).

4. In a press meet certain statement were made by him, which according to the respondent/Trust was defamatory in nature. Signature Not Verified

5. It is the contention of the appellant that he had received certain complaints when he was the Vice Chairman of

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NCSCST and thereafter in a press meet he made certain statements.

6. According to the respondent/Trust, the statement was in the nature of defamation of the respondent/Trust, which is a highly reputable and prominent trust publishing a newspaper and also running a news channel.

7. Shri K. Parameshwar, learned senior counsel appearing for the appellant, on instructions, of the appellant states that the appellant never intended either to defame the respondent/Trust and/or cause any harm or injury to the reputation of the said Trust. He submits that in the capacity of leader of a political party the said statement was made, though there was no intention to cause any harm and/or injury to the reputation of the respondent/Trust.

8. On such statements being made, Mr. N.R. Elango and Shri Siddharth Luthra, learned senior counsel appearing on behalf of the respondent/Trust, on instructions of the Trustees, graciously states that since the appellant has clarified that he has no intention to defame the Trust and/or to cause any harm or injury to the Trust they do not intend to continue with the prosecution.

9. In that view of the matter, the impugned judgment and order as well as the relevant criminal proceedings against the appellant herein are quashed and set aside.

10. The appeals are, accordingly, disposed of.

11. We place on record our appreciation for the approach adopted by both the parties and their learned counsel.

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12. Pending application(s), if any, shall stand disposed of.

..............................J ( B.R. GAVAI )

..............................J ( K. V. VISWANATHAN )

NEW DELHI; DECEMBER 05, 2024

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl.) Nos.12091-12092/2023

[Arising out of impugned final judgment and order dated 05-09-2023 in CRLOP No. 10277/2022 05-09-2023 in CRLMP No. 6094/2022 passed by the High Court of Judicature at Madras]

DR. L. MURUGAN Petitioner(s)

MURASOLI TRUST Respondent(s)

(IA No. 193213/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No. 193214/2023 - EXEMPTION FROM FILING O.T.)

Date : 05-12-2024 These matters were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE B.R. GAVAI HON'BLE MR. JUSTICE K.V. VISWANATHAN

For Petitioner(s) Mr. K. Parameshwar, Sr. Adv. Mr. Geet Ahuja, AOR Mr. Chaitanya Ahuja, Adv. Mr. Arijeet Shukla, Adv.

VERSUS

For Respondent(s) Mr. Siddharth Luthra, Sr. Adv. Mr. N.R. Elango, Sr. Adv. Ms. Devyani Gupta, AOR Ms. Tanvi Anand, Adv. Mr. Mihir Joshi, Adv. Mr. Agilesh Kumar S, Adv.

UPON hearing the counsel the Court made the following O R D E R

1. Leave granted.

2. The appeals are disposed of, in terms of the signed order.

(NARENDRA PRASAD) (ANJU KAPOOR) DEPUTY REGISTRAR COURT MASTER

(Signed order is placed on the file)