On a recent judgment by Supreme Court of a criminal case, the scenerio in question was that in 2001 a criminal case had taken place, and in 2024 one had been filed based on that. Both proceedings may be conducted simultaneously, but if a criminal case has been commenced after years of grief without any legitimate cause it is hard to answer the question of whether criminal law is being used as a form of leverage.
The Court noted that there was no good reason for the “extraordinary delay” of 23 years and pointed out that was an abuse of the judicial process and proper to continue not to proceed.
The Supreme Court thus quashed the said criminal proceedings on this ground.
The judgment is relevant because it’s made clear that if there is a civil remedy as well, criminal law can’t be utilized for coercion or pressure.
Also, if there is an inordinate and unjustified delay in filing an FIR, the court might reject the proceedings; thus, this fundamental judgment will prevent the misuse of the criminal justice system and ensure its fairness.
– Team Lawyer Talks
