SHAHED KAMAL & ORS. versus M/S A. SURTI DEVELOPERS PVT. LTD. & ANR.

SHAHED KAMAL & ORS. versus M/S A. SURTI DEVELOPERS PVT. LTD. & ANR.

The appellants, being homebuyers in a business relationship with the developer, peacefully displayed a banner listing factual grievances in mild, non-intemperate language; on the material before the Court the imputation was made in good faith for the protection of their and other homeowners' legitimate interests and falls within the Ninth Exception to Section 499 IPC, and their protest is protected by Articles 19(1)(a),(b),(c); therefore the criminal complaint and summons under Section 500 read with Section 34 IPC cannot be sustained and amount to an abuse of process.

Parties
Appellant: Shahed Kamal & Ors.; Respondent: M/s A. Surti Developers Pvt. Ltd. & Anr.
Jurisdiction
India
Judgment Date
17 April 2025
Procedural Posture
Criminal Appeal / Hearing on Appeal From the High Court Judgment and Order Dated 10.06.2024 in CRWP No. 2099 of 2021
Outcome
Appeal allowed
Legal Topics
9th Exception to Section 499 IPC, Qualified Privilege, Freedom of Speech and Expression, Right to Protest Peacefully, Section 500 IPC, Section 34 IPC, Article 19(1)(a), (b), (c) of the Constitution
Defamation Criminal Law Constitutional Law Criminal Procedure 9th Exception to Section 499 IPC Qualified Privilege Freedom of Speech and Expression Right to Protest Peacefully +3 more

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Parties

Shahed Kamal & Ors.

Appellant

M/s A. Surti Developers Pvt. Ltd. & Anr.

Respondent

Procedural Posture

Criminal Appeal / Hearing on Appeal From the High Court Judgment and Order Dated 10.06.2024 in CRWP No. 2099 of 2021

Legal Issues

  1. 1 Whether the complaint filed by the respondent makes out a case for offences punishable under Section 500 read with Section 34 IPC
  2. 2 Whether the impugned banner/publication falls within the Ninth Exception to Section 499 IPC (qualified privilege)
  3. 3 Whether the appellants' protest is protected by Articles 19(1)(a),(b),(c) of the Constitution and whether the criminal proceedings constitute an abuse of process

Ratio Decidendi

The appellants, being homebuyers in a business relationship with the developer, peacefully displayed a banner listing factual grievances in mild, non-intemperate language; on the material before the Court the imputation was made in good faith for the protection of their and other homeowners' legitimate interests and falls within the Ninth Exception to Section 499 IPC, and their protest is protected by Articles 19(1)(a),(b),(c); therefore the criminal complaint and summons under Section 500 read with Section 34 IPC cannot be sustained and amount to an abuse of process.

Court Disposition

Appeal allowed

Orders

  • Impugned judgment and order dated 10.06.2024 in CRWP No. 2099/2021 passed by the High Court of Judicature at Bombay is set aside.
  • Complaint in CC No. 2042/SS/2016 pending on the file of the Metropolitan Magistrate Court, Borivali, Mumbai and the order dated 04.10.2016 issuing summons to the appellants under Section 500 read with Section 34 IPC are quashed and set aside.