Case Law
Subject : Criminal Law - Quashing of FIR
New Delhi: In a unique resolution to a neighbourhood squabble, the Delhi High Court, led by Justice Arun Monga , has quashed two cross-FIRs, ordering the involved parties to jointly provide pizzas and buttermilk (chaach) to all inmates and staff of an ashram as a form of community service. The Court invoked its inherent powers to promote "cordiality and bonhomie" between the neighbours whose dispute over pets had escalated into criminal complaints.
The case originated from a single incident on May 5, 2025, which led to the filing of two separate FIRs (No. 220/2025 and 221/2025) at the Mansarovar Park Police Station. The dispute, which began as a "heated altercation" between neighbours over the handling of their pets, quickly degenerated into a "unsavoury scuffle."
Both parties filed complaints against each other, leading to cross-FIRs with allegations of assault, intimidation, and misbehaviour under various sections of the Bharatiya Nyaya Sanhita (BNS).
Before the High Court, the petitioners sought the quashing of both FIRs, presenting a Memorandum of Understanding (MOU)/Settlement Deed dated July 1, 2025. Counsel for the petitioners argued that the FIRs were a result of a "serious misunderstanding" and that the parties had amicably resolved their differences.
The State's counsel and the respondents' counsel both confirmed the compromise and raised no objection to quashing the proceedings. The parties, present in court, affirmed that they had settled the matter voluntarily, without any coercion, and no longer wished to pursue the criminal cases.
Justice Monga, after interacting with the parties, concluded that the underlying dispute was private in nature and had been genuinely resolved. The Court observed that one of the complainants was in the business of baking and selling pizzas, while the other was also a "respectable citizen."
In its order, the Court emphasized the futility of continuing the criminal proceedings, stating it would "serve no useful purpose and would rather amount to an abuse of the process of law."
"Not quashing the criminal proceedings would rather rekindle hostility, whereas quashing the same would promote cordiality and bonhomie between the neighbours."
The Court deemed it "just and appropriate" to invoke its inherent powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) to prevent hardship and foster societal harmony.
Instead of simply quashing the FIRs, the Court imposed a unique condition aimed at community service. It directed both parties to "join hands" and jointly bear the cost of providing a meal to the residents of Sanskar Ashram in Dilshad Garden.
The order specified: - Meal: One Mix Vegetable Pizza and one Amul Chaach Tetra Pack for each inmate, attendant, and staff member of the ashram. - Preparation: The pizzas are to be baked by the complainant in FIR No. 220/2025, who is in the pizza business. - Supervision: The Investigating Officer (I.O.) was tasked with ensuring the quality of the pizzas matches the menu, a soft copy of which was sent to the I.O.'s WhatsApp.
The petitions were allowed, and the FIRs were quashed, subject to the successful completion of this community service and the filing of a compliance report by the I.O.
#FIRQuashing #DelhiHighCourt #CommunityService
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