In CRM-M-16236-2022-PUNJ HC- Appropriate action deserves to be taken so that false, frivolous and manipulated FIRs are not registered, which ultimately lead to wastage of time of State Machinery: P&H HC
Justice Alok Jain [21-02-2023]

Read Order: VARUN BAGGA V S STATE OF PUNJAB AND ANOTHER 

Mansimran Kaur

Chandigarh, April 7, 2023: While noting that it is the taxpayer’s money which has been wasted on account of the false FIR lodged by the complainant, the Punjab and Haryana High Court has allowed a petition  preferred under Section 482 Cr.P.C. seeking  quashing of  an FIR registered under Sections 323 and 354 of  the Indian Penal Code, 1860, on the basis of compromise.

A Single-Judge Bench of Justice Alok Jain opined that  the present petition demonstrated as to  how the process of law was  abused just for the whims and fancies of the person like the complainant, who first slapped the petitioner in full public place and then just to suffice her ego, lodged the present FIR and then has compromised the matter. 

Keeping in view the fact that the parties entered into a compromise, this Court vide order dated April 21, 2022 directed the parties to appear before the Illaqa Magistrate/trial Court for getting their statements recorded in that regard. Pursuant thereto, a report was received from the ChiefJudicial Magistrate , stating that the compromise arrived at between the parties is voluntary and the same was  without any pressure, coercion or undue influence. As per the report, it transpired that the petitioner was involved in four other cases in which three FIRs all under Section 188 IPC and the one FIR is under Section 68/1/14 of Essential Commodity Act.  Counsel for the petitioner, at this stage, submitted that the petitioner was running a Restaurant-cumBar and those FIRs were on that account. 

After pursuing the submissions from both the sides, the Court noted that the parties had amicably settled their dispute, and continuance of criminal prosecution in such a situation would  be an exercise in futility, as the chances of ultimate conviction were  bleak. 

The power under Section 482 Cr.P.C. can be exercised in such matters. Reference was made to the judgments in Gian Singh v. State of Punjab and another and Narinder Singh and others v. State of Punjab and another, wherein it was observed  that criminal cases having overwhelmingly civil character, particularly those arising out of commercial transactions or matrimonial relationships or family disputes, should be quashed when the parties have resolved their disputes among themselves in a bona fide manner.

In view of the same, the Court noted that  the present petition  in this case demonstrated how the process of law was  abused just for the whims and fancies of the person like the complainant, who first slapped the petitioner in full public place and then just to suffice her ego, lodged the present FIR and then  compromised the matter. 

.“It has been noticed that it has become a trend to misuse and abuse the process of law by lodging false FIRs like in the present case just to satisfy one’s own ego. It is a fit case where appropriate action under law by invoking the provisions of 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. Ultimately, it is the tax payer money which has been wasted on account of the false FIR lodged by the complainant”, the Court further remarked. 

Although the Court was of the view that take strict action could be taken against the complainant, however, taking a lenient view and by issuing a word of caution, coupled with imposition of heavy cost, the Bench allowed the petition.