Allahabad High Court: Expressing that Courts of law are meant for imparting justice, Sanjay Kumar Singh, J., observed that more often the process of Court is being abused by unscrupulous litigants to achieve their nefarious design.
By the application under Section 482 of the Code of Criminal Procedure, the applicants prayed for quashing of the entire criminal proceedings under Sections 406 IPC and Section 6 of the Dowry Prohibition Act on the basis of compromise arrived between the parties.
Complainant had filed a complaint arraigning the four accused inter alia with the allegations that the marriage of her daughter was fixed with applicant 1. Pre-marriage ceremonies were held, in which Rs 100,000 was given to Mahesh Yadav, one gold ring and sum of Rs 11,000. In addition, thereof, money and clothes were given to the person attended the ceromancies. The Complainant had also made the bookings of all necessary things for which about Rs 50,000 was given as advance. Later, demand of Rs 50,000, motorcycle, cash and gold chain was made by the accused.
In view of the complaint, the Magistrate summoned the applicants to face trial. The said summoning order has been challenged in the present application.
After this Court’s order on 3-32022, the applicants kept playing hide and seek with the Court and tried to obtain interim order from this Court by hook or crook and when the applicants failed to achieve their nefarious design, when the case was taken up by applicants counsel that the applicants were not responding to calls and the Court may pass orders.
In Court’s opinion, the applicants tried to misguide the Court by stating that compromise had been arrived between the parties, but the fact was that no compromise had been effected.
“…applicants have not approached this Court with clean hands and filed false affidavit before this Court that the matter has been compromised, therefore, he does not deserve any indulgence by this Court.”
“…it appears that the applicants have no respect to the orders of this court.”
Additionally, the Bench held that the judicial process cannot become an instrument for oppression for abuse or a means in the process of the Court to subvert justice, for the reason that the Court exercises its jurisdiction, only in furtherance of justice.
“The Courts have, over the centuries, frowned upon litigants, who, with intent to deceive and mislead the courts, initiated proceedings without full disclosure of facts.”
Lastly, the High Court held that the applicants had misused the process of law by filing an application under Section 482 Cr.P.C. on false facts that the matter has been compromised
Fairness, purity of mind should be of the highest order to approach the court, failing which the litigant should be shown the exit door at the earliest point of time.[Umesh Kumar Yadav v. State of U.P., Application U/S 42 No. 28762 of 2021, decided on 13-4-2022]
Counsel for Applicant :- Jaysingh Yadav
Counsel for Opposite Party :- G.A.,A Kumar Srivastava, Manish Kumar