It is very shameful for our courts and their judgements that they are considering that the FIR content if not having a Prima facie allegations then only they will dismis the FIR against the family members, the judges are not thinking about the false and concocted stories written in the FIR also the exagerated incidents mentioned , if the FIR containing the concoted stories then also they will consider the FIR details, and that also at the supreme court level.
There is a tendency to involve the entire household in a matrimonial dispute, especially if it happens soon after the wedding. This has been borne out of experience, said a Bench of Justices T.S. Thakur and Gyan Sudha Misra
Writing the judgment, Justice Misra said:
“If the FIR as it stands does not disclose the specific allegation against the accused, more so against the co-accused, specially in a matter arising out of matrimonial bickering, it would be clear abuse of the legal and judicial process to mechanically send the accused named in the FIR to undergo trial.” Only if the FIR disclosed specific allegations would the court be persuaded “to take cognisance of the offence alleged against the relatives of the main accused who are prima facie not found to have indulged in physical and mental torture of the complainant-wife.”
The Bench said: “It is a well-settled principle laid down in cases too numerous to mention that if the FIR did not disclose the commission of an offence, the court would be justified in quashing the proceedings, [thus] preventing the abuse of the process of law. Simultaneously, the courts are expected to adopt a cautious approach in matters of quashing specially in cases of matrimonial dispute whether the FIR in fact discloses commission of an offence by the relatives of the principal accused or the FIR prima facie discloses a case of over-implication by involving the entire family at the instance of the complainant, who is out to settle scores arising out of the teething problem or skirmish of domestic bickering while settling down in her new matrimonial surrounding.”
It is very shameful for our courts and their judgements that they are considering that the FIR content if not having a Prima facie allegations then only they will dismis the FIR against the family members, the judges are not thingking about the false and concocted stories written in the FIR also the exagerated incidents mentioned , if the FIR containing the concoted stories then also they will consider the FIR details, and that also at the supreme court level.
There is a tendency to involve the entire household in a matrimonial dispute, especially if it happens soon after the wedding. This has been borne out of experience, said a Bench of Justices T.S. Thakur and Gyan Sudha Misra
Writing the judgment, Justice Misra said:
“If the FIR as it stands does not disclose the specific allegation against the accused, more so against the co-accused, specially in a matter arising out of matrimonial bickering, it would be clear abuse of the legal and judicial process to mechanically send the accused named in the FIR to undergo trial.” Only if the FIR disclosed specific allegations would the court be persuaded “to take cognisance of the offence alleged against the relatives of the main accused who are prima facie not found to have indulged in physical and mental torture of the complainant-wife.”
The Bench said: “It is a well-settled principle laid down in cases too numerous to mention that if the FIR did not disclose the commission of an offence, the court would be justified in quashing the proceedings, [thus] preventing the abuse of the process of law. Simultaneously, the courts are expected to adopt a cautious approach in matters of quashing specially in cases of matrimonial dispute whether the FIR in fact discloses commission of an offence by the relatives of the principal accused or the FIR prima facie discloses a case of over-implication by involving the entire family at the instance of the complainant, who is out to settle scores arising out of the teething problem or skirmish of domestic bickering while settling down in her new matrimonial surrounding.”
It is very shameful for our courts and their judgements that they are considering that the FIR content if not having a Prima facie allegations then only they will dismis the FIR against the family members, the judges are not thingking about the false and concocted stories written in the FIR also the exagerated incidents mentioned , if the FIR containing the concoted stories then also they will consider the FIR details, and that also at the supreme court level.
Unable to understand what restrict Supreme Court of India to start punish such abuser of LAW , when Government is sleeping and promoting the injustice to innocent. Only quashing FIR is sufficient to stop such abuse of LAW?
ReplyDeleteJust read another news where Supreme court fined Rs.10 lacks for making false and Fabriacted Rape case against Mr. Rahull Gandhi , but why the same rule do not apply for common people who faced false and fabricated dowry cases?