VidhiSangh

Supreme Court of India · 17/04/2025

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

[2025] 4 S.C.R. 1275 · 2025 INSC 502

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Summary

Homebuyers who erected a banner listing, in temperate language, their grievances against the developer (non-formation of the society, defects, poor maintenance) did not commit defamation. Their protest fell within the Ninth Exception to Section 499 IPC (imputation made in good faith for protection of one's interests) and was protected by Article 19(1)(a), (b) and (c); the complaint under Section 500 read with Section 34 IPC and the summons were quashed.

Issues

  1. Whether the complaint disclosed an offence under Section 500 read with Section 34 IPC against the appellant flat purchasers for erecting a protest banner against the developer.
  2. Whether a Magistrate at the stage of issuing process, and the High Court under Section 482 CrPC, may consider whether the material discloses a complete defence under an Exception to Section 499 IPC.
  3. Whether the appellants exceeded the privilege of the Ninth Exception to Section 499 IPC, and whether their peaceful protest is protected by Article 19(1) of the Constitution.

Provisions considered

Held

Result

Appeal allowed; High Court order dated 10.06.2024 in CRWP No. 2099/2021 set aside; complaint CC No. 2042/SS/2016 before the Metropolitan Magistrate, Borivali, Mumbai and the summoning order dated 04.10.2016 under Section 500 read with Section 34 IPC quashed.

Judgment PDF: Supreme Court of India, [2025] 4 S.C.R. 1275.