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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Harnaresh Singh Gill, J.
Pritpal Kaur - Appellant
Versus
State Of Punjab & Anr. - Respondents
CRM-M No. 14954 of 2020 (O&M)
Decided On : 16-03-2021
Abuse of Process of Law - False Allegations - Section 376 IPC - [ABUSE OF PROCESS OF LAW] - [FALSE ALLEGATIONS] - [Section 376 IPC] - The court dismissed the petition for issuance of directions to hand over the investigation of FIR No. 69 dated 2.6.2020 under Section 376 IPC to an independent agency and for the arrest of the accused/respondent No. 7. The court found that the petitioner had levelled false and frivolous allegations against respondent No. 7 and had approached the court without clean hands. The court imposed exemplary costs of Rs. 1.00 lac on the petitioner.
Fact of the Case:
The petitioner, a nurse, alleged that the accused, an influential member of the ruling party, had threatened and extorted money from her, and later raped her. The petitioner approached the authorities for registration of an FIR, but the accused was not arrested and an enquiry was initiated on the application of the accused's father.
Finding of the Court:
The court found that the petitioner had levelled false and frivolous allegations against the accused and had approached the court without clean hands. The court dismissed the petition and imposed exemplary costs on the petitioner.
Issues: The issues involved the alleged threat, extortion, and rape by the accused, and the petitioner's approach to the court for relief.
Ratio Decidendi: The court held that the petitioner's allegations were false and frivolous, and imposed exemplary costs to deter abuse of the legal process.
Final Decision: The petition was dismissed, and exemplary costs of Rs. 1.00 lac were imposed on the petitioner.
JUDGMENT
Harnaresh Singh Gill, J. (Oral) - Prayer in this petition is for issuance of directions to respondents No. 1 and 2 to hand over the investigation of FIR No. 69 dated 2.6.2020 under Section 376 IPC, registered at Police Station Nihal Singh Wala, District Moga (Annexure P-3) to the Central Bureau of Investigation or to some other independent agency.
2. It is stated that the petitioner is working as a Nurse (ANM) in a dispensary at village Himmatpura, Tehsil Nihal Singh Wala, District Moga and accused Varun Joshi-respondent No. 7, who is an active member of the local wing of the ruling party, used to visit the said dispensary and started outraging the modesty of the petitioner. In the second week of December2019, accused Varun Joshi approached the petitioner in her office and threatened her that he was having her nude videos with some different male persons in a compromising position and would upload the same on internet if she did not develop physical relations with him or to pay Rs. 5,00,000/-to him. The petitioner narrated the incident to her mother, who told the petitioner that in order to save her respect and dignity in the society, they would compromise with accused Varun Joshi. It is further stated that on 11.12.2019 and 12.12.2019, Jatinder Kaur, mother of the petitioner, paid Rs. 4.00 lacs to Varun Joshi at his residence in the presence of Balwinder Singh, whereupon Varun Joshi had assured to delete all objectionable videos from his mobile phone. On 25.4.2020, Varun Joshi again visited the office of the petitioner and told her that he had deleted only a few clips and there were some more video clips and if the said video clips were to be deleted, then the petitioner had to pay Rs. 3.00 lacs more to him. When the petitioner showed her inability to pay Rs. 3.00 lacs more, Varun Joshi-respondent No. 7 took her in an Innova car to an isolated place and after removing her clothes, had committed rape upon her against her wishes. The petitioner reported the matter to the police and when no action was taken, she appeared before Senior Superintendent of Police, Moga-respondent No. 3 on 22.5.2020 and got recorded her statement but instead of registering an FIR, respondent No. 3 constituted a committee of two members i.e. Deputy Superintendent of Police, Crime Against Women, Moga (respondent No. 4) and a Lady Inspector to enquire into the matter. It is further averred that Deputy Superintendent of Police-respondent No. 4 threatened the petitioner to settle the matter with Varun Joshi-respondent No. 7 as he happens to be the man of means and belonging to the ruling party.
3. The petitioner had approached Judicial Magistrate 1st Class, Moga and moved an application under Section 156(3) Cr.P.C. for issuing directions to SHO, Police Station Nihal Singh Wala, for registration of an FIR against Varun Joshi-respondent No. 7. Vide order dated 1.6.2020, the said application was allowed and SHO, Nihal Singh Wala was directed to investigate the matter after registration of FIR. Thus, FIR No. 69 dated 2.6.2020 under Section 376 IPC was registered.
4. It is further the case of the petitioner that after registration of the FIR, Varun Joshi-respondent No. 7 being an influential person, was not arrested. The petitioner was neither medically examined nor her statement under Section 164 Cr.P.C. was got recorded and instead, an enquiry was initiated on the application of Ashok Kumar, father of Varun Joshi and the petitioner had been pressurized to settle the matter.
5. Vide order dated 15.6.2020, a Co-ordinate Bench of this Court had issued a direction to record the statement of the petitioner under Section 164 Cr.P.C. before the Duty Magistrate concerned.
6. On 06.10.2020, a Co-ordinate Bench of this Court issued a direction to the Director General of Police, Punjab-respondent no. 2 to constitute a committee to be headed by Deputy Inspector General of Police and to submit the report. In compliance of the said order, status report by way of affida
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