Dowry Harassment FIR Quashed by Supreme Court, Calls Complaint "Harassment"


19 April 2024 FIR >> Criminal Law   |   Dowry >> Marriage Law  

The Supreme Court of India has quashed a dowry harassment case against a man, calling the filing of two FIRs for the same incident an "abuse of process."

The case involved a man from Hisar, Haryana, who was accused of dowry harassment by his wife's father. The father filed a First Information Report (FIR) against the man and his family in Hisar. However, a week later, he also filed a complaint with nearly identical allegations in Udaipur, Rajasthan, where his daughter resided.

The man challenged the Udaipur FIR, arguing that it was a needless duplication and a waste of the court's time in Hisar. The Rajasthan High Court dismissed his petition, but the Supreme Court overturned that decision.

 

 

The Supreme Court found several flaws in the prosecution's case. Firstly, they pointed out that the complaint in Hisar clearly predated the one in Udaipur. Secondly, they noted that the Udaipur complaint itself mentioned the Hisar FIR, indicating the police were aware of the earlier proceedings.

Furthermore, the Court criticized the wife's family for not appearing before the Hisar court and failing to withdraw the first complaint. The Court viewed this as a deliberate attempt to harass the accused by forcing him to face trial in two different locations.

Considering these factors, the Supreme Court deemed the Udaipur FIR an abuse of the legal system. They quashed the FIR and imposed a cost of Rs. 5 lakh on the wife's father to compensate the accused for the legal trouble.

This case highlights the importance of good faith in legal proceedings. Filing multiple complaints for the same offense can be seen as a misuse of the court system, and courts expect parties to act in a responsible manner.