Legally Speaking

Punjab And Haryana High Court: Imposed Rs.1 Lakh Cost On Complainant, ‘False FIRs Becoming A Trend’

The Punjab and Haryana High Court in the case Varun Bagga vs. State of Punjab & Another observed and has noted that how it has become a common practice to abuse the legal system by filing of fictitious FIRs in an order for pleasing one’s ego, which resulted in the wastage of the taxpayer funds because of the false FIR being filed by the complainant.
However, it has been ordered to the complainant, who first slapped the petitioner in full public place, then just to suffice the ego of her, an FIR has been lodged and then compromised the matter, for paying a hefty amount of Rs. 1,00,000 within a month.
In the said case, the plea was filed seeking quashing of an FIR registered for outraging the modesty of a woman and other offenses under section 323 and section 354 of the Indian Penal Code, 1860. Further, the petitioner seeks quashing of all consequential proceedings which is arising from the FIR on the basis of a compromise made.
Therefore, while referring to the report by the Chief Judicial Magistrate, wherein it is stated that the compromise was voluntary, the court stated that a bare perusal of the FIR established that the two sides had amicably settled the dispute and for the continuance of criminal prosecution would be an exercise in futility as the chances were bleak for the ultimate conviction.
Further, the bench headed by Justice Alok Jain in the case observed and took a note of how it has become a trend to misuse and to abuse the process of law by lodging false FIRs like in the present case just to satisfy one’s own ego. Therefore, It being called a fit case by him wherein appropriate action under law by invoking the provisions of Indian Penal Code, 1860, Code of Criminal Procedure, 1973 and other related provisions which being against the complaint deserves to be invoked so that such kind of false, frivolous and manipulated FIRs are not being registered and the same lead to wastage of time of the State Machinery, which being thrown into action.
Accordingly, the judge noted that it being the tax payer money which has been wasted on account of the false FIR lodged by the complainant.

TDG Network

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