Allahabad HC Imposes ₹20K Cost On Dowry-Death Accused Who Approached Court With 'Unclean Hands' By Filing Successive Pleas

The Allahabad High Court recently imposed ₹20,000 Cost on a Dowry Death Accused after noting that she misused the process of law by filing successive applications before the Court suppressing the material facts and documents and had misled the Court.

The Bench of Justice Sanjay Kumar Singh further stressed that honesty, 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.

The case in brief 

Essentially, One Smt. Ramendri had approached the Court by filing a 482 CrPC application praying for quashing of entire proceedings of a case registered against her [in connection with the alleged suicidal death of her daughter in law] under Section 498-A, 304-B IPC, and ¾ of Dowry Prohibition Act pending in the Court of Chief Judicial Magistrate, Bulandshahr.

During the course of the hearing, a preliminary objection was raised by the counsel for the opposite party that the applicant had not approached the Court with clean hands and rather, she had filed successive applications by concealing the material facts and documents.

It was further submitted before the Court that after lodging of the FIR in the case, the applicant had approached the Allahabad High Court by way of filing an Anticipatory Bail plea, however, the same was disposed of in December 2020, directing her to surrender before the court below within three months and till then, interim protection was granted to her.

However, during the operation of the aforementioned order, she filed the instant application under Section 482 Cr. P.C in Feb 2021 sought quashing of the entire proceedings of the aforesaid case concealing the aforesaid order of the HC in her anticipatory bail plea.

Meanwhile, the applicant also challenged the December 2020 order of the HC before the Supreme Court, however, the appeal was dismissed by the Supreme Court in July 2021, directing her to surrender within two days before the trial court in compliance with the order of the High Court.

However, she did not comply with the order of the Supreme Court as well as the High Court.

Further, during the pendency of the instant application, a non-bailable warrant was issued against her in April 2021, the legality thereof was challenged by her by filing another application under Section 482 Cr.P.C.through another advocate.

In this plea as well, there was no disclosure of the order of the HC and the SC. That application was disposed of in Feb 2022 directing the applicant to appear and surrender before the court below within two weeks, now this order was also not brought to the notice of the Court during the argument.

Court's order

Taking into account the background of the case, the Court, at the outset, observed that the applicant has no respect to the orders of the Supreme Court as well as the High Court Court.

Furthermore, the Court added that she has not approached this Court with a clean hand and filed this application suppressing the material facts in sheer disobedience of the orders of Supreme Court as well as the High Court and therefore, she does not deserve any indulgence by this Court.

Against this backdrop, the Court also stressed as to how the process of the court is abused by unscrupulous litigants to achieve their nefarious design. The Court further remarked thus:

"I have no hesitation in saying that a person, whose case is based on falsehood, has no right to approach the court. He/she can be summarily thrown out at any stage of the litigation. The judicial process cannot become an instrument of oppression or 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."

In view of this, the application was rejected with costs, which was quantified at Rs. 25,000/- (rupees twenty-five thousand only) to be deposited by the applicant within 1 month with the Registrar General of the Court, failing which, the Court directed that the same shall be recovered from the applicant as arrears of land revenue.

The Registrar General was directed to forward the same to the account of Rajkiya Bal Greh Shishu, Allahabad so that the amount could be used for the welfare of the children.

Case title - Smt. Ramendri v. State of U.P. and Another
Case Citation:2022 LiveLaw (AB) 93

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