Deliberate Delay in Filing an FIR Can Be Seen as Abuse of Court Process: SUPREME COURT

304b

Section 304B of Indian penal code-dowry death

Section 304b ipc now days are used as legal weapon (lethal too). Section is good if used correctly, but now days if a woman dies within 7 years of marriage fate of her in laws are jeopardized with this section 304b irrespective of involvement. As this section is very very hard to cope with, it is necessary to deal this section very carefully.

Deliberate Delay in Filing an FIR Can Be Seen as Abuse of Court Process: SUPREME COURT

Relevant paragraph of the judgment that shows that a delay in filing an FIR can be seen as an abuse of court process is as under

9. Prompt and early reporting of the occurrence by the informant with all its vivid details gives an assurance regarding its true version. In case, there is some delay in filing the FIR, the complainant must give explanation for the same. Undoubtedly, delay in lodging the FIR does not make the complainant’s case improbable when such delay is properly explained. However, deliberate delay in lodging the complaint may prove to be fatal. In such case of delay, it also cannot be presumed that the allegations were an afterthought or had given a coloured version of events. The court has to carefully examine the facts before it, for the reason, that the complainant party may initiate criminal proceedings just to harass the other side with mala fide intentions or with ulterior motive of wreaking vengeance. The court proceedings ought not to be permitted to degenerate into a weapon of harassment and persecution. In such a case, where an FIR is lodged clearly with a view to spite the other party because of a private and personal grudge and to enmesh the other party in long and arduous criminal proceedings, the court may take a view that it amounts to an abuse of the process of law. 

Late filed FIR in cases under section 304b can be fatal for prosecution at the same time defence can take advantage of this.