Smt. Palak Sharma & Anr. v. Pushpendra Kumar

Shri Pushpendra Kumar, learned counsel for the petitioners submits that the petitioner no.1 and the petitioner no. 2 were intimate and had a consensual relationship. Both the petitioners are adults. The respective high school certificates depicting their majority are appended to the writ petition. The petitioner no.1 and the petitioner no.2 have got married of their own volition. The F.I.R. is a result of opposition of family members of the petitioner no.1 to the aforesaid relationship. The F.I.R. is actuated by malafides and has been registered to wreak vengeance on the family of the husband and disrupt the matrimonial life of the young couple. Learned counsel for the petitioners has relied upon a judgment of the Supreme Court rendered in Salib @ Shalu @ Salim Vs State of U.P. and others reported at 2023 SCC Online SC 947 wherein after taking note of the tendency among unscrupulous litigants to lodge false criminal cases it was held: "26.

At this stage, we would like to observe something important. Whenever an accused comes before the Court invoking either the inherent powers under Section 482 of the Code of Criminal Procedure (CrPC) or extraordinary jurisdiction under Article 226 of the Constitution to get the FIR or the criminal proceedings quashed essentially on the ground that 2 CRLP No. 5915 of 2026 such proceedings are manifestly frivolous or vexatious or instituted with the ulterior motive for wreaking vengeance, then in such circumstances the Court owes a duty to look into the FIR with care and a little more closely. We say so because once the complainant decides to proceed against the accused with an ulterior motive for wreaking personal vengeance, etc., then he would ensure that the FIR/complaint is very well drafted with all the necessary pleadings. The complainant would ensure that the averments made in the FIR/complaint are such that they disclose the necessary ingredients to constitute the alleged offence.

Therefore, it will not be just enough for the Court to look into the averments made in the FIR/complaint alone for the purpose of ascertaining whether the necessary ingredients to constitute the alleged offence are disclosed or not. In frivolous or vexatious proceedings, the Court owes a duty to look into many other attending circumstances emerging from the record of the case over and above the averments and, if need be, with due care and circumspection try to read in between the lines. The Court while exercising its jurisdiction under Section 482 of the CrPC or Article 226 of the Constitution need not restrict itself only to the stage of a case but is empowered to take into account the overall circumstances leading to the initiation/registration of the case as well as the materials collected in the course of investigation. Take for instance the case on hand. Multiple FIRs have been registered over a period of time.

It is in the background of such circumstances the registration of multiple FIRs assumes importance, thereby attracting the issue of wreaking vengeance out of private or personal grudge as alleged. " Issue notice to the respondent no. 4. Matter needs consideration. Learned AGA to file counter affidavit before the next date of listing. List thereafter before the appropriate Bench. Till the next date of listing or till the filing of the police report U/s 173 Cr.P.C./ Section 193 BNSS, whichever is earlier, the impugned first arrest of the petitioners pursuant 3 CRLP No. 5915 of 2026 information report dated 24.02.2026 registered as Case Crime No.67 of 2026, under Sections 137(2) B.N.S., at Police Station Trans Yamuna, District Agra shall remain stayed. This matter shall not be treated as part heard or tied up to this Bench. March 19, 2026 Vandit (Tarun Saxena,J.) (Ajay Bhanot,J.)