Too late, Punjab and Haryana High Court tells women seeking quashing of FIR for past 7 years

Saurabh Malik

Chandigarh, July 7

For the last seven years, Paramjit Kaur waited for her petition to come up for final disposal before the Punjab and Haryana High Court. When her plea for quashing a criminal case registered against her and others finally reached the court’s attention this week, the verdict was stark and inescapable. Too late, the court virtually declared “though she may not even be involved”.

Paramjit Kaur and other petitioners had moved the court way back in June 2017 seeking the quashing of the FIR registered the same month in Ludhiana district for assault or criminal force to deter a public servant from discharge of his duty and other offences under Sections 353, 186, 294, 506 and 149 of the IPC and the provisions of the Scheduled Castes and Scheduled Tribes Act 1989 (Prevention of Atrocities) Act.

The case moved from one court to another and passed though the hands of almost five Judges before being eventually listed before Justice Anoop Chitkara’s Bench. Concluding the matter in just two hearings, Justice Chitkara observed the petitioner approached the court by filing the quashing petition in 2017 after feeling aggrieved by the “highhandedness, false implication and arbitrary registration of the FIR”.

The file’s perusal showed that the petitioner’s counsel – RK Handa, Dharambir Bhargava and Gauri Handa – did not try to delay the trial and there was no stay on proceedings. But the matter, unfortunately, was never taken up before the court for final hearing

Justice Chitkara also took note of the state counsel’s submission that the prosecution evidence stood concluded and the matter now was at defence evidence stage. “Considering the fact that the petitioner may not even be involved and had to come before this court, the present petition remained pending for seven years, there is no reason to disbelieve, or prima facie deny, the allegations made by the petitioner in the present petition. However, it is for the reason that now the evidence has been concluded, this court cannot proceed to quash the FIR,” the Bench observed.

The wait may sound atypical, but is not exceptional. The high court currently has no less than 4,33,519 cases pending, including 1,61,354 criminal matters involving life and liberty. No less than 19,550 or 4.51 per cent of the total cases are pending for 20 to 30 years.

The situation is unlikely to improve in the coming months following a shortage of 30 Judges. The high court currently has 55 judges as against the sanctioned strength of 85. Four more Judges are retiring this year upon attaining the age of superannuation.

The high court, after the verdict, will now have one case less to deal with. As for the petitioner, her wait for justice continues.