Panaji: The High Court of Bombay at Goa said that criminal law cannot be permitted to become a means of coercion or harassment, nor can the judicial process be employed as a bargaining tool to secure favourable outcomes in collateral disputes.
Justice Amit S Jamsandekar also said that permitting such prosecutions to continue would not only undermine the fairness of the criminal justice system but would also divert scarce judicial resources away from cases involving genuine and deserving litigants.
The observations came while hearing a revision application seeking the quashing and setting aside of an order passed in November 2024 by the Goa Children’s Court at Panaji.
“It has become evident that the criminal justice system is, in certain cases, invoked not for the bonafide redressal of a legitimate grievance but as a strategic instrument to secure collateral advantages in disputes of a civil, commercial or matrimonial nature,” said the HC.
It said that criminal proceedings are sometimes initiated with the object of exerting pressure upon the opposite party, compelling a favourable settlement, or obtaining leverage in parallel proceedings adding, “Such vexatious prosecutions, founded upon vague, omnibus or unsubstantiated allegations, not only inflict unwarranted hardship upon the persons arraigned as accused but also result in the misuse of the criminal process.”
A woman had lodged a complaint at the Roha Police Station, Raigad, on August 30, 2021, alleging that her daughter was sexually abused by her husband’s parents.
The complainant further said that she informed her husband about the incident of sexual abuse, but he failed to take any action and instead assaulted and threatened her.
The High Court said that, after perusing the record, it was satisfied that the manner in which the woman filed her complaint on August 30, 2021, was a “well-calculated attempt” on her part. The court noted that the couple was residing in Goa with their child.
While granting relief to the applicant, the High Court directed the Bicholim Police Station to file a separate chargesheet for offences punishable under Sections 323 and 506 of the Indian Penal Code against the applicant and his mother before the appropriate JMFC at Bicholim.
