SUPREME COURT IMPOSES RS. 5 LAKH COST FOR DUAL FIRS ON SAME ALLEGATIONS
Hon’ble Supreme Court has imposed a cost of Rs.5 Lacs for filing two FIRs on the same set of allegations at two places.
In a very recent judgment dated 19.04.2024, passed in SLP (Crl.) no.2520 of 2017 titled “Parteek Bansal Vs. State of Rajasthan & Ors” the Hon’ble Supreme Court has imposed a cost of Rs.5 Lakh on the complainant for filing two FIRs pertaining to the offence 498A IPC on the same set of allegations at two deferent places, holding that the complainant has misused the process of law.
FACTS OF THE CASE:-
A. The appellant and respondent No.3 came in contact with each other in June 2014 through the Internet.
B. The complainant (respondent No.2) who is the father of respondent No.3 had visited the appellant in Udaipur, who is a Chartered Accountant based in Hisar, for a proposal of marriage of his daughter (respondent No.3) who was at that time posted as Deputy Superintendent of Police at Udaipur, Rajasthan.
C. On 18.02.2015 engagement took place and thereafter on 21.03.2015, the marriage was solemnised at Udaipur. On 10.10.2015, respondent No.2 filed a complaint at the Police Station, Hisar, Haryana under Section 498A IPC etc. The said complaint was registered at Police Station Hisar on 17.10.2015 as FIR No. 19 of 2015 under Section 498A read with Section 34 IPC.
D. In the meantime, respondent No.2 submitted another complaint on 15.10.2015 i.e. five days after the first complaint at the Police Station, Udaipur in the State of Rajasthan on the same set of allegations as in the previous complaint. This complaint came to be registered on 01.11.2015 as FIR No. 156 under Section 498A/506 IPC etc.
E.In the first FIR No. 19 of 2015 along with the appellant, other family members were also roped in. However, after further investigation, a Police Report under Section 173(2) Cr.P.C. was submitted in December 2015 only against the appellant under Section 498A IPC. Based on the said Police Report, the Magistrate took cognizance and the trial proceeded and a case was registered as Crl. Case No. 232-I of 2015, in the Court of Judicial Magistrate, Ist Class, Hisar.
F. In the meantime, the appellant filed a petition under Section 482 Cr.P.C. before the Rajasthan High Court for quashing of the second FIR No. 156 of 2015 registered at Udaipur. By the impugned order, the High Court dismissed the said petition on 06.03.2017 primarily on two grounds. Firstly, that the complaint at Udaipur was prior in point of time than the complaint in Hisar. The second ground was that the Rajasthan Police was not aware of the earlier proceedings/complaint before the Hisar Police and as such the Udaipur Police should be at liberty to investigate the said complaint made at Udaipur.
G.Aggrieved by the impugned order, Special leave petition was preferred before the Hon’ble Supreme Court on which notice was issued on 03.04.2017, and the Hon’ble Supreme Court also stayed further investigation in the FIR No. 156 dated 01.11.2015 P.S. Women Police Station, Udaipur, until further orders. As such the said FIR has not been investigated so far.
H. After the impugned order was passed, the trial at Hisar was concluded, and the Trial Court vide judgment dated 02.08.2017 acquitted the appellant.
I. The trial Court records that the prosecution tried its best to secure the presence of the complainant and the victim but they did not turn up to depose before the Court. Left with no alternative, the Trial Court proceeded to close the evidence of the prosecution and after recording the statement of the appellant under Section 313 Cr.P.C., proceeded to hear the counsel for the parties and record the finding of acquittal.
OBSERVATIONS OF THE COURT:-
It is also not in dispute that in the complaint lodged at Udaipur, the allegations were the same as in the complaint at Hisar and additionally, it was stated in the complaint at Udaipur that the complainant had earlier lodged a complaint at Hisar. Thus, the investigating agency at Udaipur was well aware of the complaint on similar allegations being lodged at Hisar. The High Court again fell in error in observing that the Rajasthan Police was not aware of the earlier proceedings initiated at Hisar. The High Court and the Rajasthan Police were expected to at least read the complaint carefully.
Thus, on both counts, we find that the High Court fell in error in dismissing the petition of the appellant.
In the facts and circumstances as recorded above, we are of the view that respondent Nos. 2 and 3 had been misusing their official position by lodging complaints one after the other. Further, their conduct of neither appearing before the Trial Court at Hisar nor withdrawing their complaint at Hisar would show that their only intention was to harass the appellant by first making him face a trial at Hisar and then again at Udaipur. It would also be relevant to note that the appellant had been arrested and thereafter granted bail. And now before this Court, the respondent Nos. 2 and 3 have been vehemently opposing the quashing of the FIR at Udaipur. We may also note that in the complaint made at Hisar, there are allegations to the effect that when respondent No.2 visited the appellant at Hisar, he had made a demand of Rs. 50,00,000/- and also an Innova Car. Thus, the argument that no offence was committed in Hisar but only at Udaipur was also not correct. We thus deprecate this practice of state machinery being misused for ulterior motives and for causing harassment to the other side, we are thus inclined to impose cost on respondent No.2 in order to compensate the appellant.
CONCLUSION:-
In view of the above, the appeal is allowed. The impugned order passed by the High Court is quashed, and the impugned proceedings registered as FIR No. 156 of 2015 dated 01.11.2015, Women Police Station, Udaipur are quashed with costs of Rs. 5,00,000/- (Rs. Five Lacs Only) which shall be deposited with the Registrar of this Court within four weeks and upon deposit of the same, 50% may be transmitted in the account of Supreme Court Legal Services Committee and the remaining 50% to the appellant