Single judge bench levied Rs.30,000/- cost for wasting Police’s and Court’s time in false and frivolous cases of Sexual harassment.
From Paras 7, 8 and 9,
Laishram Premila Devi and Ors Vs State and Ors on 11 Mar 2021
7. Unfortunately, it is now becoming a trend to register FIRs alleging offences under Sections 354, 354A, 354B, 354C, 354D IPC either to force a party from withdrawing a complaint instituted against them or to arm twist a party. Offences under Sections 354, 354A, 354B, 354C, 354D IPC are serious offences. Such allegations have the effect of tarnishing the image of the person against whom such allegations are made. Allegations regarding these offences cannot be made at a drop of a hat. This practice is an abuse of the process of law. The instant case is a classic example as to how frivolous allegations of Section 354 and 354A have been levelled by the parties against each other. A small fight regarding parking has been escalated by levelling allegation of outraging modesty of women. This court can take judicial notice of the fact that the police force is very limited. Police personnel have to spend time in investigating frivolous cases. They have to attend court proceedings, prepare Status Report etc. The result is that investigation in serious offences gets compromised and accused escape because of shoddy investigation. Time has come to initiate action against persons who file frivolous complaints under Sections 354, 354A, 354B, 354C, 354D IPC etc. only for ulterior purpose. Some of the petitioners in these instant petitions are students who should understand not to take courts and the police for granted and assume that anything and everything can be settled and they can get away by filing false cases.
8. In view of the mutual settlement arrived at between the parties, this Court is satisfied that no useful purpose will be served in prosecuting with the present proceedings. Resultantly, the FIR No.238/2017 and FIR No.239/2017 dated 12.05.2017, under Sections 509, 506, 323, 341, 354, 354A and 34 IPC registered at Police Vasant Kunj(North), New Delhi and the proceedings emanating therefrom are hereby quashed. The parties shall remain bound by the mutual settlement and the undertaking given to the Court.
9. Since the Police has had to spend valuable time in investigating the offence and considerable time has been spent by the Court in the criminal proceedings initiated by the parties, this Court is inclined to impose cost on the petitioners with a warning not to file false and frivolous cases. The petitioners in CRL.M.C. 533/2021 are directed to deposit a sum of Rs.30,000/-(Rupees Thirty Thousand Only) with ‘DHCBA Lawyers Social Security and Welfare Fund’ within three weeks from today and the petitioners in CRL.M.C.534/2021 are directed to deposit a sum of Rs.30,000/-(Rupees Thirty Thousand Only) with ‘DHCBA Lawyers Social Security and Welfare Fund’ within three weeks from today.