New Delhi, Dec 9 (IANS) The Delhi High Court has deprecated the growing trend of lodging criminal cases with “exaggerated allegations” arising out of neighbourhood or personal disputes, observing that the criminal justice system cannot be used as a tool to settle personal scores.

A single-judge Bench of Justice Amit Mahajan made the observations while quashing an FIR registered in 2016 under Sections 323, 341, 354 and 509 of the IPC and Section 8 of the POCSO Act against two neighbours, after both sides admitted that the case stemmed from a misunderstanding and prior animosity.

The FIR was lodged by a woman who alleged that the petitioners had inappropriately touched her and assaulted her and her aunt during an altercation near their homes.

In its order, the Delhi High Court noted that the complainant, who appeared in person, “candidly admitted” that the allegations were exaggerated and made under “ill-advice” at the time of the incident.

She said she had no remaining grievance and did not wish to pursue the case.

The petitioners also acknowledged that they had filed a cross-FIR as a “counterblast”, likewise containing exaggerated assertions arising from the same neighbourhood dispute.

Terming the practice of filing FIRs with inflated allegations a “strongly deprecated” tendency, the Delhi High Court said: “The criminal law machinery was invoked with more passion than prudence. This Court finds it necessary to reiterate that the criminal justice system cannot be used as a tool for settling personal scores. Lodging FIRs with inflated allegations, particularly invoking serious sections without adequate basis, not only undermines the purpose of criminal law but leads to prolonged hostility, avoidable litigation, and wastage of judicial time.”

Justice Mahajan reiterated that offences such as those under Section 354 IPC or Section 8 of the POCSO Act are “heinous in nature” and ordinarily cannot be quashed on the basis of compromise.

Taking note of the admitted exaggerations, the complainant’s age, the absence of any grave allegation, and the bleak prospect of conviction, the Delhi High Court held that continuing the prosecution would amount to “sheer abuse of the process of Court” and serve no useful purpose, particularly since both sides had chosen to “live peacefully” in the future.

Invoking its inherent powers under Section 528 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), the Delhi High Court quashed the FIR and all consequential proceedings.

“No useful purpose would be served by keeping the dispute alive, and continuation of the proceedings would only cause ill will to fester between the parties and undue harassment, especially since the parties have now settled their disputes. [I]n view of the above, FIR No. 763/2016 and all consequential proceedings arising therefrom are quashed,” it said.

–IANS

pds/dpb