Continuing Further Investigation Would Be 'Sheer Abuse of Process of Law': Court Quashes FIR Against Petitioner

In a landmark ruling today, a two-judge bench comprising of Hon'ble Mr. Justice SHIVKUMAR DIGE and Hon'ble Mr. Justice A.S. GADKARI quashed an FIR lodged against the petitioner, citing it as a "sheer abuse of process of law."

The case had garnered public attention due to the allegations made by Respondent No.2 against the petitioner. The respondent had claimed that the petitioner made inappropriate sexual comments and filed a complaint with the Max Life Insurance Company where both parties are employees. However, subsequent investigation revealed that the witnesses mentioned in the FIR did not support Respondent No.2's allegations.

The bench sharply criticized the inconsistencies in the FIR and stated, "The FIR by Respondent No.2 is filled with inconsistencies and deliberate suppression of material facts, and appears to be lodged with mala fide intentions." The court further emphasized that the delay in lodging the FIR often results in "embellishment which is a creature of afterthought," referring to the judgement in the case of Thulia Kali V/s. The State of Tamil Nadu.

In light of these observations, the court concluded that "the continuation of further investigation in the FIR lodged by the Respondent No.2 would be sheer abuse of process of law and needs to be quashed in the interest of justice."

The ruling also cited principles enumerated in the case of State of Haryana & Ors. V/s. Bhajan Lal, under which an FIR can be quashed to prevent abuse of process or to secure the ends of justice.

Legal experts say this judgement could set a precedent for similar cases where an FIR is lodged with mala fide intent or contains deliberate inaccuracies.

Date of Decision 11th August 2023

Mr. Vijay Choudhary vs State Of Maharashtra