29 February 2024 FIR >> Criminal Law  

A recent court order dismissed a writ petition filed by the petitioners seeking to quash an FIR against them. The judge took a dim view of the Petitioners' conduct, which appeared to be an attempt to manipulate the legal process.

Facts:

• The Petitioners instituted the present Writ Petition under Articles 226 and 227 of the Constitution of India, seeking to quash First Information Report (FIR) No. 082/2023 and all associated proceedings.
•  Prior to this action, the Petitioners initiated Criminal Miscellaneous Case No. 2446/2023, seeking to quash the identical FIR based upon a settlement agreement reached with Respondent No. 2.
• Within the context of Crl. M. C. 2446/2023, the Petitioners agreed to deposit a specified sum with the Registrar of the Court.
• The Petitioners subsequently sought adjournments in Crl. M. C. 2446/2023.
• Following a Court order directing deposit of the agreed amount in Crl. M. C. 2446/2023, the Petitioners instead filed the present Writ Petition. They alleged the settlement agreement was procured under duress. Notably, this claim was absent from Crl. M. C. 2446/2023.
• The Petitioners indicated in the present Writ Petition their intention to withdraw Crl. M. C. 2446/2023 due to the alleged coerced settlement. However, the record reflects that Crl. M. C. 2446/2023 remained pending.
• The Petitioners made a demonstrably false statement within the Writ Petition, asserting that no prior petitions of a similar nature had been filed.

Conclusion:

The Court dismissed the Writ Petition, citing the following:

• The Petitioners engaged in manipulative conduct.
• The Petitioners breached their commitments made before the Court in Crl. M. C. 2446/2023.
• The Court deemed the Petitioners' actions constituted an abuse of legal process.