Patna High Court
MR. VISHWESHWAR KUMARversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The order taking cognizance under Section 500 IPC is quashed and the criminal complaint is disposed of.
Summary
The petitioners, including the resident editor, CFO, franchisee and a reporter of Hindustan Media Ventures Ltd., were charged in a criminal complaint for defamation under Sections 500, 504, 506, 384 and 389 of the Indian Penal Code after a newspaper article allegedly harmed the reputation of the complainant and led to his daughter's marriage being cancelled. The petitioners later issued an unqualified apology in the newspaper on 13‑11‑2025 and the parties reached an amicable settlement. Both sides sought to have the criminal proceeding terminated. The Patna High Court, after noting the settlement and the apology, quashed the order dated 29‑04‑2016 of the Sub‑Judge that had taken cognizance under Section 500 and disposed of the complaint. The Court also warned that newspaper proprietors remain liable for content published by their local franchises.
Issues considered
- Whether a criminal defamation proceeding under Section 500 IPC can be set aside on account of an apology and settlement between the parties
- Whether the publisher/owner of a newspaper franchise can be held liable for defamatory statements made by a local journalist
Legislation cited
- Indian Penal Code — s. 384, 389, 500, 504, 506
Subjects
- defamation
- Indian Penal Code
- Section 500
- media liability
- apology
- settlement
- quash order
- criminal proceeding
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76511 of 2019
Arising Out of PS. Case No.-1963 Year-2013 Thana- BHAGALPUR COMPLAINT CASE
District- Bhagalpur
======================================================
1. Mr. Vishweshwar Kumar S/O Shivji Lal Resident Editor, Hindustan Media
Ventures Ltd. Prayagraj, Distt.- Prayagraj, P.S.- Prayagraj, Uttar Pradesh
2. Mr. Ajay Kumar Jain S/O Mr. Bhagwat Persa Jain Chief Financial Officer,
Hindustan Media Ventures Ltd. Hindustan Times House Office, 18-20,
Kasturba Gandhi Marg, Distt.- North East, P.S.- C. P. New Delhi- 110001
3. Jeevan Sagar Times Pvt. Ltd. Through Proprieter Vikash Kihore Puriya
(Male), S/O Sajjan Kumar Kishorepuria, Aged about 41 Years, Lower
Nathnagar Road, Bhagwan Mahavir Path, Parvatti, P.S.- Nath Nagar, Distt.-
Bhagalpur- 812002
4. Mr. Aditya Nath S/O Krishna Kant Jha Reporter, Hindustan Media Ventures
Ltd. Lower Nathnagar Road, Parvatti, P.S.- Nath Nagar, Distt.- Bhagalpur-
812002
... ... Petitioner/s
Versus
1. The State of Bihar
2. Mr. Shiv Shankar Sharma S/O Late Chintaman Sharma Village- Sujaganj,
Girdhari Shah Lane, P.S.- Kotwali, District- Bhagalpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dayanand Singh, Advocate
For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
11 18-02-2026 Heard Mr. Dayanand Singh, learned counsel for the
petitioners and Mr. Nishant Kumar for the opposite party no. 2.
2. The present petition has been preferred for:
“setting aside/quashing of the impugned
order dated 29.04.2016 passed by learned Sub-
Judge-X-cum-ACJM-IX, Bhagalpur in Complaint
Case No. 1963 of 2013 by which the learned Sub-
Patna High Court CR. MISC. No.76511 of 2019(11) dt.18-02-2026
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Judge-X-cum-ACJM-IX, Bhagalpur has taken
cognizance under section 500 of the Indian Penal
Code against the petitioners.”
3. The complainant/opposite party no. 2, a resident of
Bhagalpur, alleged that he was aggrieved by a defamatory article
published in the Hindustan Times by its local journalist, Aditya
Nath (petitioner no. 4). According to the complaint, the publication
contained defamatory statements which lowered his prestige in
society and allegedly resulted in the cancellation of his daughter’s
marriage.
4. As the opposite party no. 2 suffered mental agony,
harassment and loss of public reputation, he preferred the
complaint. This led to the Complaint Case No. 1963 of 2013 under
Sections 500, 504, 506, 384 and 389 of Indian Penal Code against
the Resident Editor of the Hindustan Media Ventures Ltd. (Mr.
Vishweshwar Kumar), the Chief Financial Officer (Mr. Ajay
Kumar Jain), Vikash Kishore Puriya who had taken franchise of
the Hindi Daily and the Reporter, Aditya Nath. The cognizance
was taken in the matter on 29.04.2016 by the learned Sub-Judge-
X-cum-ACJM-IX, Bhagalpur which led to the present case.
5. Learned counsel appearing on behalf of the
petitioners, at the outset, submitted that the Hindi daily Hindustan
has since reviewed its position and does not stand by the article
Patna High Court CR. MISC. No.76511 of 2019(11) dt.18-02-2026
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that was originally published by its local correspondent, Aditya
Nath (petitioner no. 4). It was further submitted that in the Hindi
Daily Hindustan, on 13.11.2025, on page no. 2, it was prominently
recorded/published that the publishers submit their unqualified
apology if the article published in the year 2012 (specific dates are
there) has affected the reputation of the opposite party no. 2.
6. The submission by Mr. Singh is that they have
amicably settled the matter, have submitted apology and in that
background, it would be appropriate that the present case is
consigned to file.
7. The opposite party no. 2 is appearing through Mr.
Nishant Kumar and there is no affidavit on his behalf but on
instruction, the submission is that now when the petitioners have
come to terms for the act of the petitioner no. 4, Aditya Nath and
have submitted apology and the same has been published in the
Hindi Daily Hindustan dated 13.11.2025, as recorded above, he
also do not want to pursue the matter further.
8. Considering the aforesaid fact and appreciating the
stand of both the parties in taking the matter to its logical
conclusion, in the fitness of the things, it would be appropriate that
the Complaint Case No. 1963 of 2013 comes to an end.
9. In the aforesaid background, impugned order dated
29.04.2016 passed by learned Sub-Judge-X-cum-ACJM-IX,
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Bhagalupur in Complaint Case No. 1963 of 2013 by which the
learned ACJM-IX, Bhagalpur has taken cognizance under Section
500 of the Indian Penal Code stands quashed.
10. Having passed the order, this Court will only record
that when the Hindi Daily Hindustan which is a reputed newspaper
gives franchises to an individual/agency in a particular district,
they shall ensure that whatever is published is an authenticated
news as any publication by the locals have a bearing on the
publishers/proprietors too, a fact they cannot overlook.
11. In this particular case, this Court has noted that the
marriage of the daughter of the opposite party no. 2 was cancelled
after the adverse publication of news against him in the local
newspaper, Hindustan.
12. This Court appreciates the opposite party no. 2 that
even thereafter, he accepted the apology and wants the matter to
come to an end.
13. Cr. Misc. No. 76511 of 2019 stands disposed of.
(Rajiv Roy, J)
Adnan/-
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