Action Against Frivolous Complaints

Action Should be Initiated Against Those Who File Frivolous Complaints: Delhi High Court

In Laishram Premila Devi & Ors. vs. The Sate & Ors. and Nirmala Khatri & Ors. vs. The State & Ors., the Delhi High Court on February 23rd, 2021 held that β€œTime has come to initiate action against persons who file frivolous complaints under Sections 354, 354A, 354B, 354C, 354D IPC etc. only for ulterior purpose.” The Court went on to impose a fine of Rs. 30,000/- on petitioners of both cases.

Two petitions were filed to quash the FIRs wherein both the parties had complained against each other. Due to the intervention of some common friends, relatives and family members, the parties settled their dispute, and an oral settlement was reached whereby both the parties agreed to approach this Court for the quashing of the abovementioned FIRs and maintain harmonious relations with each other as they realised their mistake and decided to compromise the matter.

The Court held that:

  1. 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.
  2. These offences are serious and have the effect of tarnishing the image of the person against whom such allegations are made.
  3. The instant case is a classic example as to how frivolous allegations have been levelled by the parties against each other. A small fight regarding parking has been escalated by levelling allegation of outraging modesty of women.
  4. Police personnel have to spend time in investigating frivolous cases due to which the investigation in serious offences gets compromised and accused escape because of shoddy investigation.
  5. 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.
  6. Court imposed a cost of Rs. 30,000/- on the petitioners with a warning of not to file false and frivolous cases.

– Esha Shah, Paralegal

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