Delhi High Court Quashes FIR in Alleged Acid Attack Case: Inherent Improbability of Allegations

In a significant ruling, the Delhi High Court has quashed FIR No.264/2017, pertaining to an alleged acid attack incident dating back to 2017. Hon’ble Mr. Justice Amit Bansal delivered the judgment on November 8, 2023, highlighting the “inherent improbability” of the allegations against the petitioner.

The case involved accusations against the petitioner of throwing acid on the respondent no.2, leading to registration of the FIR under Sections 326-B/506 of the Indian Penal Code at Police Station Shalimar Bagh. However, upon close scrutiny of the medical and police records, which failed to show any external injuries on the respondent or signs of acid, the court found substantial inconsistencies in the prosecution’s case.

Justice Bansal observed, “The judicial conscience of this Court is satisfied that the criminal proceedings initiated against the petitioner are a misuse of the process of the Court and an unnecessary burden on the State exchequer and ought to be quashed.” This statement was pivotal in the decision to terminate the proceedings, underscoring the court’s stance on preventing the misuse of legal processes.

The court also addressed the underlying property dispute between the parties, acknowledging it as the root cause behind the mala fide initiation of the proceedings. The judgment emphasized the responsible use of the judicial system and the importance of ensuring that criminal charges are not leveraged as tools in personal vendettas.

Advocates representing both sides presented their arguments, but the court, guided by precedents set by the Supreme Court, ultimately decided in favor of the petitioner, setting aside the charges against her.

This ruling serves as a reminder of the High Court’s authority under Section 482 of the CrPC to intervene in cases where legal processes are being abused, thereby upholding the principles of justice. The legal fraternity views this judgment as a reinforcement of the judicial system’s role in safeguarding individuals against unfounded criminal accusations.

Date of Decision: 08 November 2023

RASHMEE KANSAL VS THE STATE AND ANR.