K.C. Agrawal, J. - (1.) Through this petition filed Under Article 226 of the Constitution, the Petitioners have sought quashing of the complaint filed by Smt. Roshan, Respondent No. 2, against the Petitioners, registered as Criminal Case No. 107/S of 1985, Smt. Roshan v/s. Krishna Kumar Bhargava and Ors. in the court of the Metropolitan Magistrate, 26th Court, Borivoli, Bombay. Smt. Roshan Respondent No. 2, filed a complaint for the offences against the Petitioners Under Sec. 500 read with Sec. 109 IPC and or 34 IPC 120B, 501, 502 IPC.
(2.) Krishna Kumar Bhargava, Petitioner No. 1, is the Chief Editor of the monthly magazine "Sachchi Kahaniyan " with which all the Petitioners are also associated. In its issue of the month of May, 1985 at page 59 under the Heading "DIDI, THU," a story was published along with the photographs. The Respondent No. 2 alleged that the allegations made against her that she was trapping customers were absolutely false and were malicious and declamatory. Those allegations had lowered her down in the esteem of her relations, husband and friends. She had suffered heavily in mind, body and reputation in publication of the false story.
(3.) On the notices of the complaint being received by the Petitioners, the present writ petition has been filed by them for quashing it on a number of grounds which amongst others are: (1) No case is made out against the Petitioners, and, as such, the complaint was an abuse of the process of the Court ; and (2) the Petitioners did not publish the story with the intention to harm the reputation of Smt. Roshan, Respondent No. 2.;