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Absolute Tolerance for Fake FIRs

The Punjab and Haryana High Court, in a most learned, laudable, landmark oral judgment titled Varun Bagga vs. the State of Haryana1, recently demonstrated its absolute zero tolerance for the trend of filing false, frivolous, and fictitious FIRs to simply satisfy one’s false ego and settle personal scores by blatantly making a complete mockery of the “rule of law,” which is increasingly dangerous, despicable, dastardly, and derisive. We must note that the High Court ordered the complainant, who had initially slapped the petitioner in a public setting and did not stop there simply to satisfy her ego, but instead filed a FIR and later settled the case, to pay a very expensive fine of Rs. 1,000,000 within a month. Of course, it goes without saying that all Indian courts must unquestionably imitate the most laudable action taken by the Punjab and Haryana High Court in this landmark case in order for the clear, unambiguous, and strict message to spread throughout the country that those who file false FIRs will pay dearly if they ever engage in the practice.

The Comprise Made

For context, the Bench states in the subsequent paragraph of this illustrious decision that, “Keeping in view the fact that the parties entered into a compromise, this Court vide order dated 21.04.2022 directed the parties to appear before the Illaqa Magistrate/trial Court for getting their statements recorded in that regard.” In response, a report dated May 17, 2022, was obtained from the Chief Judicial Magistrate in Ludhiana, which states that the parties’ compromise was reached voluntarily and without the use of coercion, pressure, or other unethical tactics.

In the following paragraph of this enlightening decision, the Bench notes that “Learned State Counsel and learned counsel appearing on behalf of Respondent No. 2-Complainant admit the factum of compromise and argue that they have no issue to the quashing of the FIR on that basis.”

Section 482 Cr.P.C.-Amicable Settlement of the Dispute

According to the outcome, the Bench correctly notes in this strong judgment that “Perusal of the aforesaid report establishes that the parties have amicably settled their dispute, and continuation of criminal prosecution in such a situation will be an exercise in futility, as the chances of ultimate conviction are bleak. In such cases, authority under Section 482 Cr.P.C.2 may be used. In the cases Gian Singh v. State of Punjab 3 and Narinder Singh and others v. State of Punjab 4, the Supreme Court of India ruled that criminal cases with a preponderance of civil character, particularly those resulting from business dealings, matrimonial relationships, or family disputes, should be dismissed when the parties have amicably settled their differences.

FIR and Ego Satisfaction

The Bench then says bluntly in the following paragraph of this convincing judgment that “In fact, the present petition demonstrates how the process of law is abused just for the whims and fancies of a person like the complainant, who first slapped the petitioner in a fully public place and then, just to satisfy her ego, lodged the present FIR and then has compromised the matter.” This is particularly telling. The Bench then declares in the following paragraph of this notable judgment that “It has been noticed that it has become a trend to misuse and abuse the process of law by lodging false FIRs like in the present case just to satisfy one’s personal needs.” This is significant and also the most forthright criticism of the use of filing a false police report as a powerful tool to harass, humiliate, and harangue another person without any fear.

Judgment:

The complainant, who initially slapped the petitioner in full view of the public, then filed a FIR just to satisfy her ego, and finally resolved the situation, was ordered by the court to pay a heavy fine of Rs. 1,000,000 within a month. A plea was submitted asking for the quashing of a FIR that was lodged for violating Indian Criminal Code Sections 323 and 354 5 and outraging the modesty of a woman, among other charges. The petitioner also requested, on the basis of a compromise, the dismissal of all follow-up legal actions related to the FIR. Justice Alok Jain further made note of how it has become a trend to misuse and abuse the process of law by lodging false FIRs like in the present case just to satisfy one’s own ego.

Political Matters & FIR Filing

In Dhiren Prafulbhai Shah v. State of Gujarat 6, Mr. Justice J.B. Pardiwala stated, “I find that various complaints are filed immediately after elections, be they Panchayat, Municipal, or Corporation, alleging offence under the Atrocities Act.” I can say without any reservation that most F.I.R.s or complaints were only filed to exact revenge on their opponents after losing the election. There was no provision for anticipatory bail under the prior CrPC. The need for anticipatory bail arises mainly because sometimes powerful people try to incriminate their rivals in bogus cases in order to discredit them or for other goals by having them imprisoned in jail for a few days, it was noted in the 41st Law Commission of India Report.

Measures for Fake FIRs

It is a situation where legal action should be taken in accordance with the law by invoking the Indian Penal Code, 1860, the Code of Criminal Procedure, 1973, and other relevant provisions against the complaint in order to prevent the filing of false, frivolous, and manipulated FIRs, which ultimately waste the time of the state machinery that is put into action. In the end, it is public money that has been spent as a result of the complainant’s bogus FIR.

Remedies to be Taken

1. Remedy before the Arrest is made: Anticipatory Bail

According to HDFC Bank Ltd. v. J.J. Mannan alias J.M. John Paul, the purpose of Section 438 is to prevent harassing or humiliating someone in order to appease the complainant’s personal vendetta. Before being arrested, a person who has a False F.I.R. filed against them for an offense for which there is no possibility of bail may, in order to avoid police custody, petition for bail under section 438 of the Code of Criminal Procedure, 1973, before the Session Court or the High Court.

2. Remedies after arrest or filling of Charge-sheet before the Court

Quashing of F.I.R:  According to Section 482 of the Code of Criminal Procedure, the High Court has the inherent authority to issue any orders that may be required to carry out any orders made under this Code, to stop the abuse of any court’s process, or in any other way to further the interests of justice. The Hon’ble High Court may use its inherent authority granted under Section 482 of the Code of Criminal Procedure, 1973 7, to quash the F.I.R. if it determines that there is no prima facie evidence against the accused and the complaint filed against the accused is frivolous. 

Writ Jurisdiction under Article 226 of the Constitution of India:  Under Article 226 of the Indian Constitution, the person who feels wronged can go to the High Court to file a writ petition when a false F.I.R. is filed against the accused and a police officer or government employee knowingly registers such F.I.R. and when the Subordinate Court passes any order against the accused, mistakenly considering facts or ignoring the above fact.

3.  Remedies after getting acquitted from the falsely implicated case:

1. Compensation for accusation without reasonable cause
2. Filling a Civil Suit for Defamation

Conclusion

The courts have seen an upsurge in the number of fake lawsuits despite the fact that there are numerous wise legislative safeguards in place to punish those who file false claims. Thus, it is necessary to enact a separate law to deal with fake cases, as suggested by the Law Commission in its 192nd report, in order to effectively dissuade people from committing this crime.  In addition, people need to be made aware of their rights and viable defenses in the event of a fraudulent F.I.R.

Author: Harsheen Kaur Luthra, First Year, Rajiv Gandhi National University of Law, Punjab