Introduction
There was a lawful move of Allahabad High Court in the matter of Amit Singh Parihar vs. State of U.P. and 8 Others where it was noted that there was an absolute tendency of misuse of criminal law. The Court set aside the FIR, on the ground that continuing such proceedings would effectively run counter to the provisions of the constitution and expose the petitioner to unnecessary abuse of the law. The case reinforces a judicial trend that is pushing back against unwarranted criminal charges that are intended to resolve personal vendettas.
History of the Case of Misuse of Criminal Law
The case arose out of a First Information Report (FIR) charged against Amit Singh Parihar and eight others under a variety of sections of the Indian Penal Code at Uttar Pradesh. The petitioner alleged there had been utter falseness of the complaint, a personal animus in bringing it, and a text-book illustration of misuse of criminal justice.
Parihar went to Allahabad High Court under Section 482 of the Criminal Procedure Code in order to have the FIR quashed. His defence team filed a statement that the allegations were not specific and they failed to indicate the circumstance of cognisable offence. More so, they argued that the FIR was meant to intimidate and humiliate the petitioner instead of making justice.
Legal Reasons in Support of Abuse of Criminal Law
In the arguments, the counsel of the petitioner greatly rotated on well set decrees of the Supreme Court that warns against the criminal law misuse particularly when warranted cases are registered with other intentions. Some of the most important cases mentioned were:
- Haryana state v. In Bhajan Lal, 1992 Supp (1) SCC 335, the Court issued guidelines based on which criminal proceedings will have to be quashed when there is a manifestly mala fide element involved.
- R.P. Kapur vs. The State of Punjab, AIR 1960 SC 866, allows the courts to strike down proceedings in case they are clearly aimed at abusing the law process.
According to the State of U.P., the FIR has contained allegations that needed to be probed and to which it should be given due process. But, the Court determined that the allegations were not supported by any facts and were just the manifestation of the misapplication of the criminal law on the part of the complainant.
Misuse of criminal law observed by High Court
After referring to the FIR, the Allahabad High Court minutely analyses the FIR and finds that the FIR failed to submit a prima facie case against Amit Singh Parihar or the other accused. The Court remarked:
“The criminal justice system should never be allowed to become one of the tools that people can utilize when it comes to settling personal differences. The entry of this criminal proceedings is an egregious example of the criminal law being misused.”
The Court decided that the FIR seemed to be based on personal malice and lacked investigation and support of evidence. It further stated that permitting such proceedings was mentally torturous and a reputational risk to the accused and the criminal justice system as well.
Relying on the case of Zandu Pharmaceutical Works Ltd. v. Mohd. Sharaful Haque, (2005) 1 SCC 122 it was held that when a man enables his wife to get the inheritance destined to his parents, he is not entitled to plunder in his absence; he has only a right to custody of his wife.
A special consideration the Court highlighted is based on the fact that when a complaint is guided by vendetta, the judiciary should quickly give action to ensure that injustice is averted and the rule of law respected.
Conclusion
The decision in Amit Singh Parihar vs. State of U.P. and 8 Others is a very important decision of the court against the misuse of the use of our criminal law. The action of the Allahabad High Court to quash the FIR was found to go beyond safeguarding the personal rights of the petitioner as it had the effect of cautioning about filing false or vindictive complaints. The judgment is a reminder that criminal law must be an instrument to protect justice rather than a tool of revenge as more such cases get exposed into light.
About Author
Subhajit Sett, Int. BBA LL.B (H.) student in his fifth year and ninth semester at the Department of Juridical Science, JIS University, Kolkata, is an aspiring legal writer with a keen interest in the ever-changing legal environment. He is passionate about Public International Law, International Trade Laws, Criminal Laws, Human Rights, Women and Child Laws, Corporate Laws, Property and Land Laws, and Constitutional Law and remedies. Through his writing, he hopes to advocate for social issues that require careful consideration and attention from the relevant authorities.