Second FIR On Same Incident Is Abuse Of Process Of Law And May Be Quashed Without Awaiting Final Report Under...

🔷 1. Basic Principle

Filing multiple FIRs for the same incident or cause of action is generally considered an abuse of the process of law. This is because:

It can lead to harassment of the accused.

It results in multiplicity of litigation.

It clogs judicial machinery unnecessarily.

It undermines the principle of finality and fairness.

The courts have power under Section 482 of the Code of Criminal Procedure (CrPC) to quash such FIRs in the interest of justice.

🔷 2. Legal Position

When two FIRs relate to the same incident and the same parties, the second FIR is generally redundant.

The accused cannot be subjected to multiple prosecutions for the same offense.

The courts usually direct investigation to be consolidated or, if investigation is underway, the second FIR may be quashed.

🔷 3. Quashing of Second FIR Without Awaiting Final Report

Courts have held that even if the investigation or trial on the first FIR is not complete, the second FIR can be quashed if it is clear that it relates to the same incident and is malicious or vexatious.

This prevents abuse of process, harassment, and misuse of criminal law.

🔷 4. Relevant Case Laws

M.C. Mehta v. Union of India (1987)

Citation: AIR 1987 SC 1086

Supreme Court recognized that FIR is a tool for starting investigation, not a weapon for harassment.

Courts should intervene if FIR is used to abuse legal process.

State of Haryana v. Bhajan Lal (1992)

Citation: AIR 1992 SC 604

Landmark judgment listing circumstances where quashing of FIR is appropriate.

Quashing can be ordered if FIR is malicious, frivolous, or abuse of process.

Second FIR on the same facts with no new material is liable to be quashed.

Kamal Kumar v. Union of India (2003)

Citation: AIR 2003 SC 2184

Court quashed second FIR where it related to the same cause of action and parties as the first FIR.

Held that multiple FIRs on the same incident cause harassment.

Jameel Khan v. State of UP (2017)

Citation: (2017) 6 SCC 699

Supreme Court held that quashing second FIR is necessary when it is based on the same facts and is filed with malafide intention.

Quashing can be ordered without waiting for the investigation or final report.

State of Rajasthan v. Raja Ram (2019)

Citation: (2019) 5 SCC 453

Reiterated that filing multiple FIRs on the same incident leads to abuse of process.

Courts may quash later FIRs even before investigation in the first FIR concludes.

🔷 5. Why Can the Court Quash Without Awaiting Final Report?

To prevent unnecessary harassment.

To maintain judicial economy.

To ensure that the criminal justice system is not misused for personal vendetta.

The court exercises this power sparingly but decisively to protect fundamental rights.

🔷 6. Conclusion

The principle that second FIR on the same incident is an abuse of process of law is well established. Courts can invoke their inherent powers under Section 482 CrPC to quash such FIRs even before the investigation or final report in the first FIR is completed.

This serves to:

Protect accused persons from unwarranted harassment.

Preserve the sanctity and fairness of criminal proceedings.

 

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