Delhi HC: Second FIR on Same Allegations Liable to be Quashed

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February 05, 2018

Case name: Anup Kumar v. State

Date of Judgment: January 29, 2018

In a recent case, the Delhi High Court has quashed FIR in exercise of its inherent power under Section 482 of Code of Criminal Procedure  in view of the admitted fact that the informant had registered two FIR’s for same allegations and the earlier FIR in the case had already been quashed by the Allahabad High Court on merits.

Brief Facts: In the instant case the Petitioner sought quashing of the FIR lodged on 11.8.2016 under offences relating to rape under the Indian Penal Code. Submission of the Petitioner was that the FIR registered on 11.8.2016 had been lodged on the same allegations which were the subject matter of an earlier FIR for the same offences. The first and earlier FIR in the case had already been quashed by the Allahabad High Court on merits on 04.7.2016 on the ground that the investigation had been concluded but no incriminating evidence had been found indicating the comDomission of an offence.

Delhi High Court’s observation and order

  • In view of the aforesaid, the Delhi High Court noted that the second FIR which had been registered on 11.8.2016 on the complaint of the same person is verbatim[1].
  • That the allegations in the second FIR of the complainant are the same with the only difference that jurisdiction of Delhi Courts has now been availed of.
  • That the Allahabad Bench while taking the report of investigating agency on record had at the cost of repetition noted that the investigation did not reveal the commission of any offence, the final report was accepted and the petition had been disposed of meaning thereby that the FIR which had been registered on the complaint of the same lady had come to a closure.
  • That second FIR levelling the same allegations is sort of an abuse of the process of the Court.

The Court’s order can be accessed here.

 

[1] In a manner that corresponds word for word