Read Time: 05 minutes
Court observed that it was the complainant who had first slapped the accused in public and then just to suffice her ego, lodged an FIR and later compromised the matter.
In a case pertaining to allegations of outraging the modesty of a woman and use of criminal force against her, the Punjab and Haryana High Court recently observed that it has become a trend to misuse and abuse the process of law by lodging false FIRs just to satisfy one’s own ego.
The bench of Justice Alok Jain said that ultimately, it is the taxpayer money that is wasted on account of the false FIRs.
Regarding the case at hand, court underscored that it was the complainant who had first slapped the petitioner herself in full public place and then just to suffice her ego, lodged an FIR and thereafter compromised the matter.
It is a fit case where appropriate action under law by invoking the provisions of the Indian Penal Code, 1860, Code of Criminal Procedure, 1973 and other related provisions against complaint deserves to be invoked so that such kind of false, frivolous and manipulated FIRs are not registered, which ultimately lead to wastage of time of the State Machinery, which is thrown into action, Court opined.
Though initially, court was of the view that the view to take strict action against the complainant, however, taking a lenient view and by issuing a word of caution, coupled with the imposition of heavy cost, court allowed the instant petition that had been filed seeking direction to quash the entire proceedings in the case.
A petition under Section 482 CrPC had been filed before the high court seeking quashing of an FIR of March 2022 registered under Sections 323 and 354of Indian Penal Code at Police Station Sarabha Nagar in Ludhiana and all consequential proceedings arising therefrom.
The parties to the case had voluntarily entered into a compromise. Before the court, the counsel for the complainant also submitted that she had no objection to quashing of the FIR on the basis of the said compromise.
In light of the Apex Court's ruling in Gian Singh v. State of Punjab and another (2012) and Narinder Singh and others v. State of Punjab and another (2014), court though allowed the petition, it came down heavily on the complainant in the matter.
Therefore, while passing the order, court imposed a cost of Rs. 1,00,000 on the complainant and directed her to deposit the same within one month from the date of the order in account of Punjab and Haryana High Court Bar Association Lawyer’s Family Welfare Fund.
Case Title: Varun Bagga v. State of Punjab and another
Please Login or Register
