Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS)
Subject : Criminal Law - Quashing of FIR
In a striking reminder that the law is not meant to be a tool for personal vendettas between neighbours, the Delhi High Court has quashed two cross-FIRs that arose from an unsavoury incident involving pets. Hon'ble Mr. Justice Arun Monga presided over the matter, opting to replace the harsh machinery of criminal law with a mandate for community service.
The dispute, which involved two families—the Jindals and the Chauhans—began during a routine walk with their respective dogs. What started as a disagreement over the management and supervision of their canine companions rapidly escalated into a heated altercation. The situation devolved into a scuffle, with both sides trading allegations of intimidation, assault, and misbehaviour. These events culminated in the filing of FIR No. 70/2024 and FIR No. 71/2024 at the Police Station K.N. Katju Marg, effectively dragging both families into a cycle of litigation.
Recognizing the triviality of the root cause, both parties eventually sought to put the past behind them. Relying on the landmark judgment in Gian Singh vs. State of Punjab & Anr. (2012) , counsel for the petitioners argued that since the dispute was private in nature and had been resolved via an MOU dated 01.02.2025, the court should exercise its inherent powers to quash the proceedings. The parties appeared before the court in person, affirming that the settlement was reached voluntarily and without coercion.
Justice Arun Monga observed that the continuation of these criminal proceedings served no public interest and would only serve to perpetuate hostility. The court emphasized that in disputes essentially private in nature, the judicial system must act to foster, rather than fracture, neighbourhood relations.
Invoking powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) —the new procedural law replacing section 482 of the CrPC—the court determined that quashing the FIRs was the most appropriate method to prevent undue hardship and promote mutual goodwill.
The judgment captures the absurdity of the conflict with a touch of judicial wit:
In a final, creative resolution, the Court did not simply dismiss the cases. To balance the misuse of police resources, Justice Monga ordered each set of petitioners to pay Rs. 10,000 as costs to the Unity for Stray Animal Foundation . This directive effectively transmuted the energy of a "neighbourly war" into a tangible contribution for the welfare of stray animals, closing a chapter that had strained the local peace.
This ruling stands as a precedent for the invocation of Section 528 BNSS in cases where minor criminal charges are used as leverage in civil grievances, reinforcing the court's role in facilitating societal harmony.
Neighbourly conflict - Amicable settlement - Judicial discretion - Criminal proceedings - Societal harmony
#QuashingOfFIR #BNSS
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