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Honesty, Fairness, Purity Of Mind Highest Order To Approach Court: Allahabad HC Imposes 1 Lakh Cost On Litigant Making False Assertion Of Compromise

LIVELAW NEWS NETWORK
25 April 2022 4:38 AM GMT
Honesty, Fairness, Purity Of Mind Highest Order To Approach Court: Allahabad HC Imposes 1 Lakh Cost On Litigant Making False Assertion Of Compromise
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The Allahabad High Court has recently observed that the Courts of law are meant for imparting justice between the parties and anyone who approaches the Court must come with clean hands and no material facts should be concealed. A Single-Judge Bench comprising Justice Sanjay Kumar Singh observed thus while dismissing an application filed under Section 482 of the Code of...

The Allahabad High Court has recently observed that the Courts of law are meant for imparting justice between the parties and anyone who approaches the Court must come with clean hands and no material facts should be concealed.

A Single-Judge Bench comprising Justice Sanjay Kumar Singh observed thus while dismissing an application filed under Section 482 of the Code of Criminal Procedure ("Cr.P.C.") for quashing the entire criminal proceedings under Section 406 of the Indian Penal Code ("I.P.C.") and Section 6 of the Dowry Prohibition Act.

Factual Background

The accused, Umesh Yadav was to marry the complainant's daughter, in pursuance of which, the cost of pre-marriage ceremonies was borne by the complainant. However, when the complainant approached the accused for fixing the date of Tilak ceremony, they demanded Rs. 5,00,000 in cash, a motorcycle and a gold chain. Consequently, the complainant lodged a first information report against the accused-applicants under Sections 504, 506 IPC, and 3 and 4 of the Dowry Prohibition Act.

After examination, the Magistrate summoned the applicants to face trial. Aggrieved and dissatisfied with the order of the Magistrate that summoned the accused- applicants, the applicants challenged the same by means of an application under Section 482, which was disposed of by the coordinate Bench of the Allahabad High Court.

Pursuant to this order, the applicants moved the application before the court concerned, which was stated to be still pending. However, the applicants filed a second application with the prayer that the entire criminal proceedings of the complaint case be quashed on the basis of a compromise arrived at between the parties.

However, it was observed that by means of the application, the applicants had misguided the Court by stating that a compromise was arrived at between the parties, when in actuality, no compromise was undertaken by the parties. Dismissing the application, the Court held that since the applicants had not approached this Court with clean hands and had filed a false affidavit before this Court that the matter has been compromised, the applicants did not deserve any indulgence by the Court. Additionally, the Court was of the opinion that the applicants had misused the process of law by filing the application under Section 482 Cr.P.C. on false facts that the matter has been compromised.

The Court observed 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. In this regard, the Court further held,

"The courts of law are meant for imparting justice between the parties. One, who comes to the court, must come with clean hands and no material facts should be concealed. I am constrained to hold that more often the process of the court is being abused by unscrupulous litigants to achieve their nefarious design. 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."

The Court further ordered that the applicants shall deposit cost of Rs. 1,00,000 within 45 days with the Registrar General of this Court, failing which the same shall be recovered from the applicants as arrears of land revenue. On depositing the said amount, Rs. 50,000 shall be released in favour of the complainant and remaining Rs. 50,000 shall be forwarded by the Registrar General of this Court to the account of Rajkiya Bal Greh Shishu, Allahabad, which shall be used for the welfare of the children.

Case Title: Umesh Yadav v. State of U.P.

Case citation: 2022 LiveLaw (AB) 203

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