suppression of material facts before a court amounts to abuse of the process of the court

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 283 OF 2021

(arising out of S.L.P. (Crl.) No. 6432/2020)

KRISHNA LAL CHAWLA & ORS. APPELLANT(S)

VERSUS

STATE OF U.P. & ANR. RESPONDENT(S)

J U D G M E N T

MOHAN M. SHANTANAGOUDAR, J.8. It is also crucial to note that, in the fresh complaint case

instituted by him, Respondent No. 2 seems to have deliberately

suppressed the material fact that a charge sheet was already filed

in relation to the same incident, against him and his wife,

pursuant to NCR No.160/2012 (Crime No. 283/2017) filed by

Appellant No.1s son. No reference to this charge sheet is found

in the private complaint, or in the statements under Section 200,

CrPC filed by Respondent No. 2 and his wife. In fact, both the

private complaint and the statement filed on behalf of his wife,

merely state that the police officials have informed them that

investigation is ongoing pursuant to their NCR No.158/2012. The

wifes statement additionally even states that no action has been

taken so far by the police. It is the litigants bounden duty to

make a full and true disclosure of facts. It is a matter of trite law,

and yet bears repetition, that suppression of material facts before

a court amounts to abuse of the process of the court, and shall

be dealt with a heavy hand (Ram Dhan v. State of Uttar

Pradesh & Anr., (2012) 5 SCC 536; K.D. Sharma v. Steel

Authority of India Ltd., (2008) 12 SCC 481).