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Registering false case of molestation becoming trend to arm twist a party: Delhi High Court

the practice of registering FIR alleging "outraging modesty of woman" for arm twisting is an abuse of "the process of law"
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The Bench of Justice Subramonium Prasad while remarked that, registering false case of molestation becoming trend to arm twist a party.

“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.”, in the order

In the matter, two different FIR was registered in year 2017 under IPC Sections 509, 506, 323, 341, 354, 354A and 34 IPC.

“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 both party settled the dispute with the intervention of some common friends, relatives and family members. Both the parties have also filed affidavits affirming the settlement.

“It is 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.”

The bench stated that, the offences are serious in nature and it tarnish the image of the person against whom the charges are made.

“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”

The bench further stated that, the practice of registering FIR alleging “outraging modesty of woman” for arm twisting is an abuse of “the process of law”.

“Allegations regarding these offences cannot be made at a drop of a hat. This practice is an abuse of the process of law.”

The bench observed that the parties filed the case of “outraging modesty of women”, just due to parking issue.

“A small fight regarding parking has been escalated by levelling allegation of outraging modesty of women.”

The bench stated that, police force is very limited and they have to spent time in investigation, “attend court proceedings, prepare Status Report etc.”, and time has come to take action against such person who files frivolous complaints.

“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.”

The bench also observed that, some of the complaints were student and passed a message to them that “they can get away by filing false cases”.

“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.”

The bench directed the parties to deposit a sum of Rs.30,000/-(Rupees Thirty Thousand Only) with “DHCBA Lawyers Social Security and Welfare Fund”.

“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 is inclined to impose cost on the petitioners with a warning not to file false and frivolous cases.”

Case : CRL.M.C. 533/2021 & 534/2021; Date of Order 23-Feb-2021;

Source Live Law

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