Wife Police Officer and Her Father Misused Legal Process with Multiple FIRs on Husband – Supreme Court Imposed 5 Lakh Fine on Wife and Her Father
Merely because she was a Police Officer, she first managed to get an FIR lodged at Hisar through her father, and thereafter she moved to her hometown at Udaipur and got another complaint lodged by her father within a week. Supreme Court Criticizes Misuse of Legal Process by Police Officer and Her Father
In a striking judgment, the Supreme Court quashed an FIR against Parteek Bansal, highlighting the misuse of the judicial and legal process by a Deputy Superintendent of Police and her father, which involved the lodging of multiple FIRs in different jurisdictions based on the same set of allegations.
Legal Point of Judgment
The judgment focused on the procedural irregularities and the strategic filing of consecutive FIRs in Hisar and Udaipur, aimed at harassing the appellant, which the court found to be an abuse of the legal process.
Facts and Issues of the Judgment
Parteek Bansal’s interaction with the officer through an online platform led to their engagement and subsequent marriage, followed by marital discord. The officer’s father, leveraging his daughter’s position, lodged FIRs first in Hisar and then in Udaipur, escalating the legal conflict across state lines, which prompted the legal challenge.
Court’s Detailed Assessment
Misuse by Wife and Her Father: The Supreme Court strongly condemned the actions of the respondent No.3, a police officer, and her father for exploiting their knowledge and access to the legal system by filing multiple complaints to unduly harass Bansal.
Chronological Misinterpretation Corrected: The apex court corrected the High Court’s factual inaccuracies regarding the sequence of the complaints, affirming that the Hisar complaint came before the Udaipur complaint.
Abuse of Legal Processes: The Court pointed out the strategic abuse of legal procedures, as the respondents did not withdraw the first complaint nor did they clarify the jurisdictional overlap, thereby allowing the legal processes to be misused for personal grievances.
Decision: The FIR No. 156 of 2015 and all associated proceedings were quashed, citing misuse of the legal process by the officer and her father. The court imposed a significant penalty of Rs. 5,00,000/- on the respondents, directing that the amount be split between the Supreme Court Legal Services Committee and the appellant, Parteek Bansal, as compensation and deterrence against similar future abuses.
Date of Decision: April 19, 2024
Parteek Bansal vs State of Rajasthan & Ors.
