PARTEEK BANSAL vs. THE STATE OF RAJASTHAN & ORS., 2024 (SC) 317
FACTS- The appellant and respondent No.3 came in contact with each other in June, 2014 through internet. The complainant (respondent No.2) who is the father of respondent No.3 had visited the appellant in Udaipur, who is a Chartered Accountant based in Hisar, for proposal of marriage of his daughter (respondent No.3) who was at that time posted as Deputy Superintendent of Police at Udaipur, Rajasthan. On 18.02.2015 engagement took place and thereafter on 21.03.2015, the marriage was solemnised at Udaipur. On 10.10.2015, the respondent No.2 filed a complaint at Police Station, Hisar, Haryana under Section 498A IPC etc. The said complaint was registered at Police Station Hisar on 17.10.2015 as FIR No. 19 of 2015 under Section 498A read with Section 34 IPC. In the meantime, respondent No.2 submitted another complaint on 15.10.2015 i.e. five days after the first complaint at the Police Station, Udaipur in the State of Rajasthan on the same set of allegations as in the previous complaint. This complaint came to be registered on 01.11.2015 as FIR No. 156 under Section 498A/506 IPC etc. In the first FIR No. 19 of 2015 along with the appellant other family members were also roped in.
The Trial court had acquitted the accused. In the meantime, the appellant filed a petition under Section 482 Cr.P.C. before the Rajasthan High Court for quashing of the second FIR No. 156 of 2015 registered at Udaipur. By the impugned order, the High Court has dismissed the said petition on 06.03.2017 primarily on two grounds. Firstly, that the complaint at Udaipur was prior in point of time than the complaint in Hisar. The second ground was that the Rajasthan Police was not aware of the earlier proceedings/complaint before the Hisar Police and as such the Udaipur Police should be at liberty to investigate the said complaint made at Udaipur. however, against the High Court's refusal to quash the FIR registered at Udaipur(Rajasthan), the appellant approached the Supreme Court.
ISSUE- Whether court can impose fine wife’s father for filing false cases under Section 498A?
OBSERVATION- Before the Supreme Court, the appellant contended that the High Court erred in refusing to quash the case registered on the same set of allegations by acknowledging that the Rajasthan Police didn't know about the previous case registered at Hisar where the accused was acquitted. Supreme Court observed that the High Court again fell in error in observing that the Rajasthan Police was not aware of the earlier proceedings initiated at Hisar. The Court noted that the wife and her father had misused their official position by lodging complaints one after the other against the appellant to make him face a trial at Hisar and then again at Udaipur. The apex court allowed the husband's appeal and quashed the pending FIR at Udaipur with costs of Rs. 5,00,000/- (Rs. Five Lacs Only) which shall be deposited with the Registrar of this Court within four weeks and upon deposit of the same, 50% may be transmitted in the account of Supreme Court Legal Services Committee and the remaining 50% to the appellant.