VidhiSangh

Supreme Court of India · 19/04/2024

PARTEEK BANSAL versus STATE OF RAJASTHAN & ORS

[2024] 5 S.C.R. 74 · 2024 INSC 324

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Summary

Successive matrimonial complaints on identical allegations, coupled with participation in the first investigation and failure to support or withdraw that prosecution, constituted abuse on these facts. The High Court incorrectly treated the Udaipur complaint as earlier and its police as unaware of the Hisar proceedings. The Court quashed the second FIR and imposed Rs.5 lakh costs on the complainant father, split equally between the appellant and Supreme Court Legal Services Committee.

Issues

  1. Whether the second FIR on the same allegations amounted to abuse of process on the parties’ conduct.
  2. Whether the High Court’s chronology and police-knowledge findings matched the record.
  3. What quashing and costs relief was warranted.

Provisions considered

Held

Result

Appeal allowed; High Court order and second Udaipur FIR proceedings quashed. Respondent 2 to deposit Rs.5 lakh within four weeks, half each for the appellant and Supreme Court Legal Services Committee.

Judgment PDF: Supreme Court of India, [2024] 5 S.C.R. 74.