“Supreme Court Validates Lower Court’s Acquittal in Karnataka State Case.”

Case Title – Parteek Bansal Vs State of Rajasthan and Ors.

Case Number – Special Leave Petition (Crl.) No. 2520/2017

Dated on – 6th March,2017

Quorum – Justice Vikram Nath

FACTS OF THE CASE

In The Case of Parteek Bansal Vs State of Rajasthan and Ors., the Appellant and the Respondent No. 3 initially met each other online in June 2014. The father of the Respondent No. 3, who is the Respondent No.2 in the present case, visited the appellant in Udaipur, the appellant who is a Chartered Accountant based in Hisar, was approached by the Respondent No.2 regarding a wedding proposal for his daughter, the Respondent No. 2 in the present case, who was at the time working as the Deputy Superintendent of Police in Udaipur, Rajasthan. The engagement of the Respondent No. 3 and the appellant took place in Udaipur on 18^th February,2015 followed by a wedding on the 21^st of March,2015. However, on 10^th October, 2015, the Respondent No. 2 filed a complaint against the appellant at the Hisar Police Station under Section 498A of the Indian Penal Code, 1860. A similar complaint was also filed by the Respondent No. 2 at the Udaipur Police Station on the 15^th of October,2015, five days later of the complaint, leading to the registration of FIR NO. 156 on the 1^st of November,2015. Initially, the first FIR registered in Hisar implicated several family members of the appellant, but after conducting further investigation, only the appellant was proceeded with the charge under Section 498A of the Indian Penal Code, 1860. Thereafter, the trail commenced against the appellant in the court of the Judicial Magistrate First Class, Hisar. Concurrently, the appellant filed a petition under Section 482 of the Code of Criminal Procedure,1973 before the High Court of Rajasthan and sought to quash the second FIR registered in Udaipur. However, the High Court of Rajasthan dismissed the petition on the 6^th of March, 2017 citing the precedence of the complaint in Udaipur and lack of awareness by the Rajasthan Police regarding the earlier complaint in Hisar. Being aggrieved by the decision of the High Court of Rajasthan, the appellant appealed the case before the Supreme Court of India, which further stayed for investigation in the Udaipur FIR until further orders. Adhering to the decision of the High Court of Rajasthan, the trial in Hisar concluded and the Trial Court acquitted the appellant on the 2^nd of August, 2017. The judgment and the acquittal order revealed that the prosecution called upon several witnesses, including the Investigating Officer and other members of the police force. However, they were unable to bring forward the complainant and the victim to testify during the proceedings of the court, resulting in the conclusion of the evidence of the prosecution and proceedings with the statement recording of the appellant under Section 313 of the Code of Criminal Procedure, 1973 before ultimately acquitting the appellant.

CONTENTIONS OF THE APPELLANT

1. The appellant, through their counsel, in the said case pointed out two complaints, the acquittal judgments and the ostensible errors in the impugned orders and that these errors lead to the series of events, with the complaint at Udaipur was former than that at Hisar and secondly, the Rajasthan Police having no knowledge of the proceedings being conducted at Hisar.
2. The appellant, through their counsel, in the said case contented that the complainants were well-aware of the multiplicity of the complaints registered in Hisar as well as the Udaipur Police Station but they did not take any requisite step to withdraw their complaint stating that it was wrongly registered in Hisar or that it may be transferred to Udaipur for the purpose of investigation.
3. The appellant, through their counsel, in the said case contented that the impugned proceeding were nothing but an abuse of the process of law and that the only motive of the complainant was to harass the appellant and make him face the prolonged trial of the courts.

CONTENTIONS OF THE RESPONDENT

1. The respondent, through their counsel, in the said case contented that the court at Hisar had no territorial jurisdiction to conduct the trial of the present case as the offense was committed in Udaipur. Therefore, the acquittal judgment delivered by the Hisar Court was void.
2. The respondent, through their counsel, in the said case contented that the complaint should have been looked into and investigated by the Rajasthan Police. However, because of the interim order issued by the court, the investigation had been stalled. Therefore, the petition should be dismissed.

LEGAL PROVISIONS

1. Section 498A of the Indian Penal Code, 1860 prescribes the punishment for Husband or Relative of Husband of a woman subjecting her to cruelty
2. Section 482 of the Indian Penal Code, 1860 prescribes the punishment for using a false property mark
3. Section 313 of the Code of Criminal Procedure, 1973 prescribes the power to examine the accused.

ISSUES

1. The main issue in the present case revolves around whether the filing of two FIRs for the same incident is valid?
2. Whether the decision of the High Court to dismiss the petition was appropriate, considering the circumstance and timing of filing of the FIRs in both the jurisdictions?
3. Whether the trial adhered to the principles of a fair and just trial and due process?
4. Whether the acquittal was justified on the basis of the inability of the prosecution to present important witnesses?

 COURT ANALYSIS AND JUDGMENT

The court in the case of Parteek Bansal Vs State of Rajasthan and Ors., observed that the Respondent No. 2 and 3 were misusing their official powers by lodging complaints one after another. The court, further, observed that the deportment of the Respondent No. 2 and 3 of not presenting themselves before the Trial Court in Hisar nor withdrawing their complaint, signifies their sole intention to harass the appellant.  The court observed that even before this court, the respondent no. 2 and 3 vigorously opposed the quashing of the FIR in Udaipur. It was alleged in the FIR filed in Hisar that the Respondent No. 2 and 3 demanded a sum of Rupees 50,00,000 and an Innova Car while visiting the appellant. Thus, the court was of the opinion that the argument that no offense was committed in Hisar but only in Udaipur was incorrect. The court stated that the misuse of the state machinery for ulterior intentions and harassment of any individual warrants castigation. Therefore, the court imposed costs on Respondent No. 2 to compensate the appellant. The court in the present case, allowed appeal and quashed the order of the High Court as well as the proceedings registered as FIR No. 156/2015 dated 1^st November,2015 at the Women Police Station, Udaipur are also quashed. The court ordered the Respondent No. 2 to pay costs of Rupees 5,00,000/- (Rupees Five Lacs Only), which was ordered to be deposited mandatorily with the Registrar of the Court within four weeks. The court stated that upon deposit of the total amount specified, % shall be paid to the appellant and another % shall be transferred to the Supreme Court Legal Service Committee.

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Judgement Reviewed by – Sruti Sikha Maharana

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