The tendency to file cases under Sections 354/509 in disputes between neighbours to settle scores is on the rise and needs to be curbed: Delhi High Court
The Delhi High Court, through learned judge, Justice Swarana Kantha Sharma in the case of Tarun & Ors v. The State of NCT of Delhi & Ors. (CRL.M.C. 2828/2022) observed that the tendency to file cases under Sections 354/509 in disputes between neighbours to settle scores is on the rise and needs to be curbed
BRIEF FACTS: The instant petition under Section 482 of the Code of Criminal Procedure, 1973 was filed by the petitioner praying for quashing of FIR bearing No. 26/2017 registered at Police Station Baba Haridas Nagar, Delhi for offences punishable under Sections 354/452/506/509/354B/34 of the Indian Penal Code. The complainant stated that the parties in the case were neighbours and a dispute had arisen over some misunderstanding, pursuant to which the present cross FIRs were registered. The cases were registered in the year 2017 and charges have already been framed. There was a delay by the parties in coming to the Court for compromise for quashing the FIRs, thereby consuming much judicial time and time of the investigating agency.
FINDINGS OF THE COURT: The court noted that the tendency to file cases under Sections 354/509 in disputes between neighbours to settle scores is on the rise and needs to be curbed. The complainants in both the cases were present and stated that they do not want to pursue the matter as the matter has been amicably settled. The parties have been cautioned and counselled. The court held that, considering the fact that the parties have amicably settled the dispute out of their own free will, and without any coercion, it will be in the interest of justice that the FIRs are quashed subject to the accused persons depositing a sum of Rs. 10,000/- each in Lawyers’ Welfare Fund, Tis Hazari Courts, Delhi and the receipt thereof be filed before the Registry of this Court within a week.
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JUDGEMENT REVIEWED BY – AMRUTHA K