Court Finds FIR Maliciously Instituted Amid Family Property Dispute; Cites Abuse of Legal Process
In a significant legal development, the Rajasthan High Court, Jaipur Bench, has quashed an FIR against Kamlesh Kumar Suman, finding it an abuse of legal process. The FIR, numbered 127/2021, was filed with a substantial delay, and the allegations within were deemed contradictory and untrustworthy.
Justice Anoop Kumar Dhand presided over the case, where the petitioner challenged the FIR lodged under Sections 450, 506, and 376(1) of the Indian Penal Code (IPC). The court noted that the FIR was registered over two and a half months after the alleged incident on May 3, 2021, without satisfactory explanation for the delay. The FIR was found to be maliciously motivated, stemming from an ongoing family property dispute.
The court highlighted that the complainant had previously lodged FIR No. 80/2021, shortly after the alleged incident, where no allegations of rape were made against the petitioner. The petitioner was not found guilty in the first FIR investigation, leading to the suspicion that the subsequent FIR was a vindictive move.
Referencing the principles laid down in the Supreme Court case of State of Haryana v. Bhajan Lal, the court reiterated that FIRs filed with mala fide intent and ulterior motives are liable to be quashed. The delayed filing and exaggerated allegations in the second FIR were seen as indicative of falsehood and manipulation.
The judgment also cited a similar case from the Supreme Court, where FIRs were quashed due to inherently contradictory and belated allegations. The court emphasized that unexplained delays in filing serious accusations undermine their credibility, warranting dismissal.
Justice Dhand concluded that the impugned FIR was a bundle of lies, full of fabricated allegations, and allowing prosecution would be a travesty of justice. The court's decision underscores the importance of timely and consistent allegations in criminal proceedings.
The quashing of this FIR marks a critical moment in affirming the judiciary's role in safeguarding against misuse of legal processes and protecting individuals from vindictive litigation. This decision serves as a reminder of the need for integrity in legal proceedings, especially when personal vendettas are at play.
Bottom line:-
FIR lodged with a significant and unexplained delay, coupled with contradictory allegations and existing property disputes, can be quashed as an abuse of process of law.
Statutory provision(s): Sections 450, 506, 376(1) IPC, Section 482 CrPC
Kamlesh Kumar Suman v. State Of Rajasthan, (Rajasthan)(Jaipur Bench) : Law Finder Doc id # 2892881
