Rajasthan High Court allows withdrawal of private complaint in human trafficking case after finding it frivolous

 

The Rajasthan High Court permitted the withdrawal of a private criminal complaint in a case involving alleged human trafficking and related offences after determining that the complaint was frivolous and an abuse of the process of law. The matter concerned a private complaint filed by a person who claimed that the respondent had induced his minor daughter to marry him and had thereby caused her to leave her parental home against the will of her family. The complaint alleged offences including human trafficking, kidnapping and related offences under criminal law. The complainant sought that the Court take action on the basis of his private application. Upon hearing the matter, the High Court observed that the allegations made in the private complaint did not disclose a prima facie case that would justify continuance of the proceedings. The Court noted that a scrutiny of the materials revealed contradictions and inconsistencies that undermined the credibility of the allegations, and that the complaint appeared to have been filed with ulterior motives rather than genuine concerns about human trafficking or harm to the minor.

The High Court further found that the materials on record demonstrated that the so-called minor had married the respondent of her own volition after attaining marriageable age, and that there was no evidence to show that the respondent had failed to obtain valid consent from her or that there was any coercion, fraud or deception involved. On the contrary, the Court observed that available documentary evidence, including the marriage certificate and statements of the parties, indicated that the marriage was consensual and lawful, and that there was no substance in the claim that the respondent had forced or trafficked the minor against her will. In light of these findings, the High Court held that the continuation of a criminal prosecution under serious offences such as human trafficking would not be justified where the foundational allegations lacked evidentiary support and appeared to be motivated by personal disputes rather than genuine grievances.

The Court also emphasised that criminal law should not be invoked as a tool for harassment or to settle personal scores, noting that frivolous or vexatious complaints burden the judicial system and cause undue harassment to respondents. It reiterated established legal principles that allow complainants to seek withdrawal of private complaints where it becomes clear that the allegations do not constitute a legitimate offence, and where the continuance of proceedings would amount to an abuse of the process of law. On this basis, the High Court allowed the complainant to withdraw his private complaint and closed the proceedings against the respondent. The judgment underscores the judiciary’s role in ensuring that criminal proceedings are not pursued on frivolous grounds and that the legal process serves its intended purpose of addressing genuine offences rather than settling personal disputes.

WhatsApp Group Invite

Join WhatsApp Community