Complainant Lodging Multiple FIRs Against Accused On Same Facts Violates Fundamental Rights Under Articles 21, 22: Kerala High Court

The Kerala High Court has reiterated that registration of multiple first information reports by same person against the same accused on same set of allegations would result in abuse of process of law and violates fundamental rights under Articles 21 and 22 of the Indian Constitution. At the same time, registration of first information reports by the same person against the same accused for entirely different offence/s, not covered by the first information report earlier registered, is within the orbit of law and such FIRs cannot be quashed.” In the facts of the case, two FIR's were registered by the same de facto complainant against the same accused for disclosure of identity of rape victim. The Court noted that registration of multiple FIR's by same complainant against same accused on same set of allegations is abuse of law. It said, “…the legal position is emphatically clear on the point that if multiple first information reports by the same person against the same accused are permitted to be registered in respect of the same set of facts and allegations, the same would result in getting the accused entangled in multiple criminal proceedings for the same offences.” However, in the facts of the case, the Court observed that FIR was registered and final report was filed when the identity of victim was published in 2022.