The Delhi High Court criticised police for routinely inserting the phrase “haath mara” in FIRs under Section 354, calling it a gross misuse of law and directing authorities to stop adding unverified allegations not endorsed by complainants.
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NEW DELHI: The Delhi High Court has strongly criticized the practice of police mechanically using the Hindi phrase “haath mara” in First Information Reports (FIRs) registered for offences relating to outraging the modesty of women, observing that it amounts to a gross misuse of law.
Justice Neena Bansal Krishna, in an order dated December 17, expressed concern that the phrase is routinely inserted in FIRs under Section 354 IPC (now Section 74 of the Bharatiya Nyaya Sanhita – BNS) even when the complainant does not endorse such wording.
“It is unfortunate that in every FIR under Section 354, typically the words ‘haath mara’ is being written, which is not being endorsed by the complainant. It is a gross misuse of the law and requires introspection at the level of the police stations,”
the Court observed.
The Court directed the Deputy Commissioner of Police (DCP) concerned to ensure that no fabricated or conjured allegations are added to complaints by police officials while registering FIRs.
“Copy of this order be sent to the DCP to ensure that no conjured averments not stated by the complainant are inserted on the complaint,”
the Court added.
Background
The observations were made while the Court was hearing a plea filed by two accused men seeking quashing of an FIR registered at Police Station Timarpur, Central District, Delhi.
The FIR was registered under Sections 115(2) (voluntarily causing hurt), 126(2) (wrongful restraint), 74 (assault or criminal force to a woman with intent to outrage her modesty), and 3(5) (common intention) of the BNS.
The complainant, an event manager, had alleged that the accused, while under the influence of alcohol, assaulted her and pressured her to dance with them.
However, during the proceedings, both parties informed the Court that they had amicably settled the dispute with the intervention of common friends and well-wishers.
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Allowing the plea, the Court noted that the settlement was entered into voluntarily, without fear or coercion, and that both sides undertook to live peacefully and not pursue further legal proceedings against each other.
“Considering the nature of the allegations and that they have settled the matter, the FIR No. 349/2025 under Section 115(2)/126(2)/74/3(5) of BNS and all consequential proceedings are quashed,”
the Court held.
Case Title:
TENZIN YOUTEN & ANR v. THE STATE OF NCT OF DELHI AND ANR
W.P.(CRL) 4174/2025
READ ORDER
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