Manoj Kumar Sharma, serving in the Indian Air Force at the relevant time, got married to one Nandini on 27.04.1999. On 20.09.1999, Nandini Sharma committed suicide at her matrimonial home. The Ambala Police closed the case after fulfilling the requirements of Section 174 of The Code of Criminal Procedure, 1973 holding that there was no foul play in the incident and also that there was no requirement of lodging an FIR under Section 154 as none of the family members of Nandini raised any suspicion over her death.
After five years of closing of the above case, an FIR was got registered by Shashi Bhushan, brother of Nandini. Delay in lodging an FIR often results in embellishment, which is a creature of an afterthought. On account of delay, a FIR not only gets bereft of the advantage of spontaneity, danger also creeps in of the introduction of a coloured version or exaggerated story. An extraordinary delay in lodging an FIR raises grave doubt about the truthfulness of allegations made. The SC, in Manoj Kumar Sharma v. State of Chhattisgarh, Criminal Appeal No. 775 of 2013 was of the confirmed opinion that continuation of criminal proceedings, pursuant to the FIR, was an abuse of the process of law. Therefore, in the interest of justice, the FIR was quashed.