The registration of multiple FIRs by the same person against the same accused for the same alleged offence constitutes an abuse of process of law and violates constitutional rights.

ORDER

ABHAY S. OKA, J.

1. Leave granted.

2. This petition takes exception to the judgment and order dated 26th August, 2019 passed by the learned Judge of the Allahabad High Court. The appellants invoked Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) for quashing a First Information Report (FIR) registered at the instance of the respondent no.4. The main ground of challenge by the appellants who were arraigned as accused in the FIR filed by the respondent no.4 was that it was the second FIR based on the same set of facts on which the earlier FIR was registered again at the instance of the respondent no.4. By the impugned judgment, the High Court declined to exercise its jurisdiction under Section 482 of Cr.P.C.

3. An agreement for sale dated 14th June, 2006 was executed by and between the appellants and four others as the vendors and one Prasidh Narayan Rai (the deceased husband of the respondent no.4) as the purchaser. The agreement for sale was executed by the appellants and four others in respect of their 5/6th undivided share in House Nos. B.12/120A, B.12/121, B.12/122, B.12/124 and B.12/125 situated at Mohalla Gauriganj, Nagar Nigam Ward Bhelupura, Varanasi city and House No. B. 15/71, B. 15/72, B. 15/81 and B. 15/91 situated at Mohalla Faridpura, Nagar Nigam Ward Bhelupura, Varanasi city. The agreed consideration was Rs.19,80,000/­. A sum of Rs.15,00,000/­ was paid by the late husband of the respondent no.4 to the appellant and other vendors as earnest money. In the year 2014, a written complaint was made by the respondent no.4 to the Station House Officer (S.H.O.) Police Station Bhelupur, Varanasi. In the said complaint, it was alleged by the respondent no.4 that after death of her husband, the appellant no.1 sold his share in the subject property on 27th July, 2013 to the appellant no.2. It was alleged that the appellants have committed offences of fraud and forgery. According to the case of the appellant, as per the information furnished to them under the Right to Information Act, 2005 by the officer in charge of Bhelupur Police station, the allegations in the complaint made by the respondent no.4 were found to be untrue and therefore, no action was taken on the complaint.

4. On 2nd April, 2015, on the basis of information furnished by the respondent no.4, First Information Report No.0109 (for short ‘the first FIR’) was registered against the appellant nos.1 and 2 at Bhelupur Police station. The said FIR specifically refers to the agreement of 14th June, 2006 executed by the appellants and others. It alleges that the appellant no.1 sold his undivided share on 27th July, 2013 to the appellant no.2, who is also shown as accused in the said FIR. It is alleged that the appellant nos.1 and 2 along with others met the respondent no.4 on 12th October, 2014. At that time, the appellants hurled abuses and they also threatened her. Offences punishable under Sections 406, 419, 420, 467, 468, 504, 506 IPC were alleged in the FIR.

5. The appellants approached the High Court of Allahabad by invoking Section 482 of Cr.P.C. for quashing the first FIR. It is stated in the present appeal that the said petition for quashing is pending in Allahabad High Court in which there is an interim order restraining the Police from taking coercive action on the basis of the first FIR. The interim order was passed on 17th February 2017.

6. The respondent no.4 filed a civil suit in the Civil Court at Varanasi in the year 2017 against the appellants and four others for specific performance of the said agreement dated 14th June, 2006. The said suit is being contested by the appellants.

7. On 13th September 2019, the respondent no.4 lodged one more FIR being FIR No.0177 in the same Police Station in which the appellants herein were shown as accused. The allegations made by the respondent no.4 in FIR No.0177 (for short ‘the second FIR’) are more or less identical to the allegations made in the first FIR. The property subject matter