Dispute over parking, allegations of sexual assault. The court penalised the petitioners for misusing the law
Laishram Premila Devi & Ors Vs The State & Ors
Year: 2021
Court: Delhi High Court
Coram: HON’BLE MR. JUSTICE SUBRAMONIUM PRASAD
INTRODUCTION:
It is remarkable, righteous, refreshing rejuvenating to learn that while ruling explicitly and effectively that time has come to initiate action against persons who file frivolous complaints under Sections 354, 354A, 354B, 354C, 354D IPC etc. only for an ulterior purpose, the Delhi High Court has just recently on February 23, 2021 in a latest, laudable and landmark decision titled Laishram Premila Devi & Ors. Vs. The State & Ors. In CRL. M.C. 533/2021 and CRL.M.C. 534/2021 has imposed a cost of Rs. 30,000 on the petitioners with a warning not to file false and frivolous cases.
It is a national tragedy that we see that laws meant for protection of women are fast turning into weapons of stabbing men in the most cowardly, dastardly and gruesome manner. But our lawmakers care a damn for it! This alone explains why there is no provision in our laws whereby she is made to suffer in the same manner as the man if she dares to ever level false charges against men!
FACTS OF THE CASE:
The CRL. MC. 533/2021 is filed for FIR No.239/2017 dated 12.05.2017 registered by the complainant/respondent No.2 at Police Vasant Kunj(North), New Delhi for offences under Sections 509, 506, 323, 341, 354, 354A and 34 IPC alleging that on 12.05.2017, when she was going to drop her children to school, the accused who reside in the neighborhood beat her and outraged her modesty and also committed act of sexual harassment.
And the Bench observed that CRL.M.C. 534/2021 has been filed for quashing FIR No.238/2017 dated 12.05.2017, registered at Police Vasant Kunj(North), New Delhi for offences under Sections 509, 506, 323, 341, 354, 354A and 34 IPC and the complainant in previous FIR is accused in this one. The allegation in this FIR is that the petitioners herein have committed offences punishable under Section 354 IPC i.e. assault or use of criminal force to woman with intent to outrage her modesty. The parties in all the FIRs are residents of 95/9, Kisangarh, Vasant Kunj, Delhi, and are neighbours. Further the petition stated that with the intervention of some common friends, relatives and family members, the parties have settled their dispute and an oral settlement has been reached between the parties and as per the said oral settlement, the parties agreed that they will approach this Court for the quashing of the abovementioned FIRs. Hence, they filed the present petitions.
OBSERVATIONS OF THE COURT:
The Bench observed in Para 7 that Unfortunately, it is now becoming a trend to register FIRs alleging offences under Sections 354, 354A, 354B, 354C, 354D IPC either to force a party from withdrawing a complaint instituted against them or to arm twist a party. Offences under Sections 354, 354A, 354B, 354C, 354D IPC are serious offences. Such allegations have the effect of tarnishing the image of the person against whom such allegations are made. Allegations regarding these offences cannot be made at a drop of a hat. This practice is an abuse of the process of law. The instant case is a classic example as to how frivolous allegations of Section 354 and 354A have been leveled by the parties against each other. A small fight regarding parking has been escalated by leveling allegation of outraging modesty of women. This court can take judicial notice of the fact that the police force is very limited. Police personnel have to spend time in investigating frivolous cases. They have to attend court proceedings, prepare Status Report etc. The result is that investigation in serious offences gets compromised and accused escape because of shoddy investigation. Time has come to initiate action against persons who file frivolous complaints under Sections 354, 354A, 354B, 354C, 354D IPC etc. only for ulterior purpose. Some of the petitioners in these instant petitions are students who should understand not to take courts and the police for granted and assume that anything and everything can be settled and they can get away by filing false cases
HELD:
The FIR No.238/2017 and FIR No.239/2017 dated 12.05.2017, under Sections 509, 506, 323, 341, 354, 354A and 34 IPC registered at Police Vasant Kunj(North), New Delhi and the proceedings emanating therefrom were quashed and the Court added that the parties shall remain bound by the mutual settlement and the undertaking given to the Court.
The Court further recorded that since the Police has had to spend valuable time in investigating the offence and considerable time has been spent by the Court in the criminal proceedings initiated by the parties, this Court imposed a cost of Rs. 30,000/- to be deposited with ‘DHCBA Lawyers Social Security and Welfare Fund’ within three weeks from judgement on the petitioners in both the cases with a warning not to file false and frivolous cases.
CONCLUSION
While what the learned Judge – Justice Subramonium Prasad of the Delhi High Court has held is best suited in the present circumstances but it is high time and now penal law must be amended suitably. A woman under no circumstances should be allowed to get away lightly after levelling the most serious allegations which tarnishes the reputation and dignity of man to the hilt and in many cases he is made to suffer imprisonment in fake cases as we saw most recently in Vishnu Tiwari case where he had to suffer without committing any offence for 20 years of incarceration in connection with a false rape case filed against him by a woman owing to an alleged land dispute in Lalitpur district in UP and was recently acquitted! It must also be asked: How can those women who dare to hit men below the belt be allowed to escape so lightly with a mere warning or a fine of few thousand rupees? Laws meant for protection of women cannot be allowed under any circumstances to become a potent weapon to harm men below the belt in the most heinous manner under the garb of “seeking justice for women”! Laws are meant to be used and not abused but most unfortunately we are seeing that in many cases laws meant to protect women are themselves becoming potent weapon of abuse and this is what needs to be checked, combated and decimated by punishing severely all those who dare to indulge in it! This is what our lawmakers are showing no intention to do and this is what merits course correction by immediately amending our concerned penal laws accordingly. It cannot be held in abeyance any longer now!
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