'Misleading Court': Punjab & Haryana High Court Imposes Rs 50K Cost For Not Disclosing Similar Plea Was Dismissed For Non-Prosecution

Observing that it amounts to "misleading court", the Punjab & Haryana High Court has imposed a cost of Rs.50,000 on a petitioner who did not disclose in the plea that a similar petition was dismissed for "non-prosecution."

The Court was hearing a petition for quashing FIR, during the proceeding it found that earlier also the petitioner had preferred a plea for quashing of the same FIR, which was dismissed for non-prosecution. However, the dismissal order was not appended with the present petition.

Justice Sumeet Goel observed, "The inevitable conclusion, thus, is that a deliberate attempt has been made to mislead this Court. Such surreptitious attempt(s) need to be, indubitably, curbed with an iron hand. Ergo; the petitioner deserves to be saddled with costs, which ought to be veritable and real time in nature."

The quashing petition was filed by a man under Section 482 CrPC, who was accused for committing sexual assault on a minor girl. He was accordingly charged under Section 354-A and 195-A of IPC and Sections 8 and 12 of Protection of Children from Sexual Offences Act, (Amended), 2012.

After hearing, the plea the Court noted that, "In the instant petition it has been averred...“that the Petitioner has not filed any such or similar petition for grant of Quashing before this Hon'ble Court or before the Hon'ble Supreme Court of India except CRM-M-51043 of 2022 which was dismissed as withdrawn with liberty to file fresh one with better particulars.”

"A copy of the order dated 01.04.2024 earlier passed by this Court has not even been appended with this petition. The said order dated 01.04.2024 reflects that said petition was dismissed for non-prosecution," noted the judge.

Consequently, the Court imposed a cost of Rs. 50,000 stating that, "the trial Court shall have the same remitted to Punjab State Legal Services Authority, Mohali. In case the said costs are not deposited by the petitioner as directed for; the trial Court shall intimate the Deputy Commissioner, Patiala who accordingly shall have such costs recovered from the petitioner by all available lawful means, including as arrears of land revenue and upon realization thereof, the Deputy Commissioner, Patiala shall have the same submitted to the trial Court, for further remittance thereof to the Punjab State Legal Services Authority, Mohali."

Mr. Prabhjot Singh, Advocate for the petitioner.

XXX v. XXX

2024 LiveLaw (PH) 197

ORDER

Also read: Plea for Quashing FIR Remains Maintainable Despite Substantial Examination Of Prosecution Witnesses: Punjab & Haryana High Court