Delhi High Court Advocates Action Against Frivolous Complaints in Criminal Cases

Judgement Given On : 23/02/2021

Case Overview

In the cases of Laishram Premila Devi & Ors. vs. The State & Ors. and Nirmala Khatri & Ors. vs. The State & Ors., the Delhi High Court, in a judgment dated February 23, 2021, emphasized the need to take action against individuals who file frivolous complaints under Sections 354, 354A, 354B, 354C, 354D of the Indian Penal Code (IPC) for ulterior motives. The Court imposed a fine of Rs. 30,000 on the petitioners of both cases.

Background

The cases involved two petitions aimed at quashing First Information Reports (FIRs) in which both parties had filed complaints against each other. Subsequently, with the intervention of common friends, relatives, and family members, the parties reached an oral settlement to resolve their disputes. They agreed to approach the Court together to seek the quashing of the FIRs, with the intention of maintaining harmonious relations, realizing their errors, and compromising on the matter.

Court’s Observations and Ruling

The Delhi High Court made the following key observations:

  1. There is a growing trend of filing FIRs alleging offenses under Sections 354, 354A, 354B, 354C, 354D of the IPC, often as a means to pressure a party into withdrawing a complaint filed against the complainant or to exert undue influence.
  2. Offenses under these sections are grave and can severely damage the reputation of the accused.
  3. Frivolous allegations were raised in the instant case, wherein a minor dispute over parking escalated into accusations of outraging the modesty of women.
  4. The court highlighted that such frivolous complaints divert valuable police resources away from investigating serious offenses and can result in poor-quality investigations.
  5. The Court stressed the necessity of initiating action against individuals who file frivolous complaints under Sections 354, 354A, 354B, 354C, 354D of the IPC for ulterior purposes.

As a result, the Court decided to quash the FIRs (FIR No. 238/2017 and FIR No. 239/2017) and the related proceedings under Sections 509, 506, 323, 341, 354, 354A, and 34 IPC, registered at Police Vasant Kunj (North), New Delhi, due to the mutual settlement between the parties. Additionally, the Court imposed a cost of Rs. 30,000 on the petitioners as a deterrent against filing false and frivolous cases. The petitioners were directed to deposit this amount with the ‘DHCBA Lawyers Social Security and Welfare Fund’ within three weeks from the date of the judgment.