It is not permissible to register two FIRs for the same incident, and unjustified delay in lodging a complaint can amount to an abuse of process of law.

JUDGMENT :

Sandeep Mehta, J.

1. The instant criminal misc. petition under Section 482 Cr.P.C. has been filed by the accused-petitioner Rajshekhar seeking quashing of FIR No. 204/2016 registered at the Police Station Sangaria, District Hanumangarh for the offences under Sections 279, 337, 338, 304-A & 166 IPC.

2. Briefly stated, the facts relevant and essential for disposal of this misc. petition are that the complainant Hansraj, lodged a complaint in the court of ACJM, Sangaria which was forwarded to the police station concerned under Section 156(3) Cr.P.C. and on the basis whereof, an FIR came to be registered at the Police Station Sangaria, District Hanumangarh on 07.04.2016 with the allegation that the complainant alongwith his wife Smt. Sarita and grandson Risham had set off in his Indica Car No. DL 8 CNA 2839 on 31.05.2014 and were proceeding to Hanumangarh from Village Fazilka. They reached the location Singhpura on the Sadulshahar Road at about 12:00 to 12:15 pm where their car met with an accident with a Hyundai Car No. RJ 31 CA 4610, the driver whereof was the petitioner herein. The complainant Hansraj, his wife Smt. Sarita and his grandson Risham were all seriously injured in the accident. People from neighbourhood carried them to the Community Health Centre, Sadulshahar from where they were referred to a Higher Centre. All three were admitted in the Amba Hospital, Sriganganagar where the complainant's wife Smt. Sarita succumbed to injuries, whereas the complainant and his grandson were required to undergo treatment for a prolonged period of time. On the basis of this report, the impugned FIR No. 204/2016 came to be registered at the Police Station Sangaria, District Hanumangarh almost after one year and ten months of the incident.

3. It may be stated here that for the very same incident, an FIR No.260/2014 dated 01.06.2014 had already been registered on the basis of the Parcha Bayan of Hanuman, one of the occupants of the Hyundai Car (No. RJ 31 CA 4610). As per the allegations set out in that FIR, the driver of the Hyundai Car Shri Prem Kumar expired as a result of the injuries sustained in the collision. The investigation was undertaken in relation to FIR No. 260/2014 and the chargesheet has been filed against the complainant Hansraj in the competent court for the offences under Sections 279, 337, 338 & 304-A IPC. After one year and ten months of the accident i.e., on 07.04.2016, the complainant herein lodged the subject complaint in the court of learned ACJM, Sangaria alleging that as a matter of fact, the accident took place because of the rash and negligent driving by the driver of the Hyundai Car. It was further alleged that as a matter of fact, the petitioner Rajshekhar was driving the Hyundai Car but using his clout with the police authorities, he managed to get registered a totally false FIR implicating the complainant Hansraj in the said case. The complaint so filed by the complainant was forwarded to the Police Station Sangaria for investigation under Section 156(3) Cr.P.C. whereupon the impugned FIR has been registered.

4. Shri Pawan Bishnoi, counsel representing the petitioner vehemently and fervently contended that the impugned FIR is nothing but a second FIR for the same accident and on the same set of facts. He further urged that the FIR is totally malafide and actuated with ulterior motive because the complainant had been charge-sheeted as long back as on 12.03.2015 for causing the very accident after investigation of the FIR No.260/2014 registered on the basis of the Parcha Bayan of Hanuman Singh, who was the occupant of the Hyundai Car in which the petitioner was also travelling. Driver of the said car namely Prem Kumar expired and Shri Hansraj has been charge-sheeted in the competent court after investigation and thus, there cannot be a second FIR for the same accident. Shri Bishnoi, urged that if it all, the complainant is desirous of establishing that the accident took place because of the rash and n