PARTEEK BANSAL versus STATE OF RAJASTHAN & ORS

PARTEEK BANSAL versus STATE OF RAJASTHAN & ORS

The Supreme Court held that the second FIR (FIR No.156 of 2015, Women Police Station, Udaipur) was an abuse of the process of law because it repeated the same allegations after an earlier complaint and FIR had been lodged at Hisar; the Udaipur complaint itself acknowledged the earlier Hisar complaint, the High Court's findings to the contrary were contrary to record, and the complainants' conduct (not withdrawing the first complaint and not appearing at trial) showed an intention to harass the appellant; accordingly the second FIR was quashed and costs were imposed.

Parties
Appellant: Parteek Bansal; Respondent: State of Rajasthan & Ors.
Jurisdiction
India
Judgment Date
19 April 2024
Procedural Posture
Criminal Appeal / Appeal to Supreme Court (judgment on Merits)
Outcome
Appeal allowed; impugned FIR No.156 of 2015 quashed
Legal Topics
Quashing of FIR, Abuse of Process, Misuse of State Machinery, Jurisdiction, Costs
Criminal Procedure Criminal Law Quashing of FIR Abuse of Process Misuse of State Machinery Jurisdiction Costs

Case Brief

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Parties

Parteek Bansal

Appellant

State of Rajasthan & Ors.

Respondent

Procedural Posture

Criminal Appeal / Appeal to Supreme Court (judgment on Merits)

Legal Issues

  1. 1 Whether the second FIR at Udaipur on the same set of allegations as the first FIR at Hisar constituted an abuse of process of law warranting quashing under Section 482 Cr.P.C.
  2. 2 Whether the High Court erred in holding that the Udaipur complaint was prior in point of time and that the Rajasthan Police were unaware of the Hisar proceedings
  3. 3 Whether the complainants' conduct (not withdrawing the first complaint and not appearing at trial) indicated an intention to harass the appellant

Ratio Decidendi

The Supreme Court held that the second FIR (FIR No.156 of 2015, Women Police Station, Udaipur) was an abuse of the process of law because it repeated the same allegations after an earlier complaint and FIR had been lodged at Hisar; the Udaipur complaint itself acknowledged the earlier Hisar complaint, the High Court's findings to the contrary were contrary to record, and the complainants' conduct (not withdrawing the first complaint and not appearing at trial) showed an intention to harass the appellant; accordingly the second FIR was quashed and costs were imposed.

Court Disposition

Appeal allowed; impugned FIR No.156 of 2015 quashed

Orders

  • Impugned order of the High Court is quashed.
  • FIR No. 156 of 2015 dated 01.11.2015, Women Police Station, Udaipur is quashed.