Complaint Against Defamation Of Deceased Person Can Be Filed Only By 'Family Members' Or 'Near Relatives': Punjab & Haryana High Court

The Punjab and Haryana High Court has observed that only the 'family members' or 'near relatives' of the deceased person, against whom imputations have been made, can claim to be 'persons aggrieved' to file defamation complaint under Section 499 of the Indian Penal Code.Sant Kanwar, a follower of late Chaudhary Matu Ram Hooda, an Arya Samajist and freedom fighter had filed a defamation complaint against Former MP Raj Kumar Saini alleging that he had made several defamatory statements against late Hooda. It may also be noted that Section 320 Cr.P.C permits compounding of the offence of defamation but it is only the person who is defamed who can agree to the same" The court observed that in this case, the complainant does not claim to be a member of the family of late Chaudhary Matu Ram Hooda or his near relative. While quashing the complaint as not maintainable, the court observed: "The summoning order manifests that he contended before the learned Magistrate that he fell within the definition of a 'person aggrieved' as his family was closely 'related' to late Chaudhary Matu Ram Hooda, but this claim seems to have been based more on ideological considerations rather than any actual 'relationship'. Therefore, the respondent-complainant, who is not a 'family member' or 'near relative' of late Chaudhary Matu Ram Hooda, cannot unilaterally assume unto himself the status of an 'aggrieved person' under Section 199 Cr.P.C, whereby he can assert that his feelings were hurt and maintain the subject complaint against the petitioner before the learned Magistrate for the alleged offence of defamation.