"Supreme Court: 'Threat to Commit Suicide' by Lawyer 'Shocking'; Invokes Article 142 to Quash Cross FIRs Between Advocates After 'Sincere and Unconditional Apologies'"
Safiya Malik
The Supreme Court of India, exercising its powers under Article 142 of the Constitution, quashed two First Information Reports (FIRs) arising from a long-standing dispute between two advocates practicing in Kodaikanal. A Division Bench comprising Justice Abhay S. Oka and Justice Ujjal Bhuyan delivered the judgment, focusing on restoring professional harmony and denouncing misconduct in court.
In a decisive action, the Court quashed FIR No. 500 of 2017 filed by one advocate and FIR No. 499 of 2017, partially, against the other advocate. The judgment came after both parties submitted affidavits of apology, with the Court noting that continued litigation would only worsen the animosity between the two lawyers.
The case stemmed from an altercation on 18th December 2017 near Kodaikanal Lake, where the first appellant alleged, he was assaulted by the second respondent and two unidentified individuals. FIR No. 499 of 2017 was registered on 21st December 2017 at 8:30 pm under Sections 294(b), 323, and 506(1) of the Indian Penal Code (IPC). The first appellant asserted that the dispute was rooted in a prior verbal altercation between the two parties at the Kodaikanal Court three years earlier.
Half an hour later, at 9:00 pm the same day, FIR No. 500 of 2017 was registered by the second respondent against the appellants under the same sections of IPC. The second respondent alleged that he was verbally abused and threatened with death by the appellants near Sterling Resort. Though the police filed a closure report, a protest petition led to cognizance being taken by the Judicial Magistrate, Kodaikanal, resulting in criminal proceedings.
The appellants filed a petition before the High Court seeking to quash the proceedings initiated by the second respondent. The High Court dismissed this petition on 29th September 2023. The Supreme Court then granted interim relief on 9th July 2024 by staying the criminal proceedings.
In subsequent hearings, the Supreme Court repeatedly encouraged both parties to amicably settle the dispute, citing their shared membership in the legal fraternity. The Court recorded on 21st October 2024 that "as the prosecution arises out of a dispute between the two members of the Bar, it will be in the interest of both to settle the same amicably."
On 27th January 2025, the Court was informed that the second respondent was willing to tender an apology to the petitioners. Despite initial resistance from the first appellant, the Court adjourned the matter, urging reconsideration for settlement.
However, on 3rd March 2025, during a video conference hearing, the first appellant issued a threat to the Court, stating that he would commit suicide if the FIR against the second respondent was quashed. The Court described this as shocking and recorded that it was "shocked to record such conduct on the part of a member of the Bar." The Court required the appellant to submit a written apology and an undertaking not to repeat such threats.
An affidavit of apology-cum-undertaking dated 6th March 2025 was subsequently submitted by the first appellant. The second respondent had already submitted his affidavit dated 27th February 2025, tendering an unconditional apology to the appellant, the Court, and professional bodies.
The Bench noted that both parties were advocates practicing before the same court and that the FIRs were based on counter-allegations. The judgment recorded: "The cases based on cross FIRs are pending from the year 2017. A perusal of the FIR registered at the instance of the first appellant shows that it was registered at 8.30 pm on 21st December 2017. The FIR registered at the instance of the second respondent was registered at 9 pm on the same day."
Acknowledging the second respondent's apology, the Court quoted from his affidavit: "That I solemnly undertake to maintain cordial and professional relations with all members of the Bar, including the complainant advocate, and shall never engage in any behaviour that brings disrepute to the noble profession of law."
Regarding the first appellant's conduct, the Court stated: "The first appellant did not understand the importance of settling the dispute rather than aggravating it. He went to the extent of giving a threat to this Court. In normal course, such threats must be taken very seriously by the Courts."
However, showing restraint, the Court decided not to initiate contempt proceedings. "We believe that if magnanimity is to be shown by someone, the same should be done by the persons holding the highest constitutional office. Moreover, the first appellant has shown some repentance by tendering an unconditional apology."
The Court held its role in delivering justice: "Even if the litigants do not understand what is in their best interest, it is the duty of the Court to deliver substantial justice."
In conclusion, the Court issued the following orders:
- "FIR No. 500 of 2017 registered at the Kodaikanal Police Station at the instance of the second respondent and proceedings of the case bearing STC No 607 of 2019 on the file of the learned District Munsif cum Judicial Magistrate, Kodaikanal are hereby quashed;"
- "FIR No.499 of 2017, registered at Police Station Kodaikanal, is hereby quashed only as against the second respondent. Consequently, the proceedings of C.C.No.106 of 2022 pending before the Judicial Magistrate Court No.II, Kodaikanal is hereby quashed only as against the second respondent;"
- "The apology and undertakings of both the first appellant and the second respondent which we have referred to above are taken on record;"
- "The appeal is allowed on the above terms."
Advocates Representing the Parties:
For the Petitioner: Vairawan A.S
For the Respondent: Sabarish Subramanian, A Velan
Case Title: Ramesh Kumaran & Anr. versus State through the Inspector of Police & Anr.
Neutral Citation: 2025 INSC 405
Case Number: Criminal Appeal No.1318 of 2025
Bench: Justice Abhay S. Oka and Justice Ujjal Bhuyan
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