New Delhi : The Supreme Court of India today quashed a second FIR filed against a man accused of domestic violence, calling it an abuse of the legal process. The Court also awarded costs of ₹5 lakh (US$6,800) to the accused to compensate for harassment.
Background:
Parteek Bansal, a chartered accountant from Hisar, Haryana, was accused of domestic violence by his wife’s (Divya Mittal) father. The wife, a police officer stationed in Udaipur, Rajasthan, filed a complaint against Bansal at a police station in Hisar on October 10, 2015. A week later, her father filed a second complaint with similar allegations at a police station in Udaipur. Both FIRs were registered.
High Court Decision:
Bansal challenged the second FIR in the Rajasthan High Court, arguing that it was a duplicate complaint and should be quashed. The High Court dismissed his petition, stating that the Udaipur complaint was filed first and the Rajasthan police (Udaipur police) were unaware of the Hisar proceedings.
Supreme Court’s Ruling:
The Supreme Court overturned the High Court’s decision. The Court noted that the dates on the complaints clearly showed that the Hisar complaint was filed first. Additionally, the Court found that the Udaipur police were aware of the Hisar complaint because the second complaint explicitly mentioned it.
The Court concluded that the wife and her father misused the legal system by filing two complaints. They wasted the time and resources of the courts and police in both Hisar and Udaipur. The Court also noted that the wife never appeared in court during the trial in Hisar.
Costs Awarded:
The Supreme Court imposed a cost of ₹5 lakh on the wife’s father to compensate Bansal for the harassment he endured. The Court directed that half of the amount be deposited with the Supreme Court Legal Services Committee and the remaining half be paid directly to Bansal.
The case highlights the potential for abuse in the legal system when domestic violence allegations are used for harassment purposes. The Supreme Court’s decision sends a strong message that such tactics will not be tolerated.
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