The inherent power to quash FIRs is strictly limited, requiring demonstrable grounds of abuse of process, not merits traditionally evaluated in trials.

JUDGMENT :

GIRISH KATHPALIA, J.:

1. By way of these four petitions, the petitioners who are members of a family and are accused persons, seek quashing of case FIR No. 355/2024 of PS Sunlight Colony for offences under Section 115(2)126(2)/351(3)/3(5) of BNS and the proceedings arising out of the same. The subject FIR as well as the factual and legal matrix being same, these petitions are taken up together for disposal.

2. Notice of these petitions was accepted by learned Additional Public Prosecutor (APP), and with consent of both sides I heard the final arguments on the same day.

3. Briefly stated, prosecution case unfolding through statement of the complainant de facto Dwarika Prashad, which statement was registered as the subject FIR, is as follows.

3.1 The premises no.153, Jeewan Nagar, Sunlight Colony, New Delhi, consists of five floors; the complainant de facto with his family is living on fourth floor for past about 13 years, while his brother Ramjag Soni is on the ground floor. Pertaining to fourth and fifth floor of the said premises, the complainant de facto is embroiled in a property dispute with his cousins.

3.2 On 03.11.2024, at about 05:00pm when the complainant de facto was in his shop, his paternal cousins Amardeep Soni and Sandeep Soni started breaking lock and door of fourth floor of the premises, so he went to the fourth floor and asked his cousins as to why the door and the lock were being broken, in response to which they abused him and threatened to kill him. Thereafter, his brother Ramjag Soni also reached there and asked their cousins the reasons for breaking the lock and the door, in response to which, their cousins Amardeep and Sandeep assaulted Ramjag Soni with hammer and threatened him to leave otherwise he would be killed. So out of fear, Ramjag Soni ran downstairs and called police. The complainant de facto also came downstairs and his brother went back home in nearby Bhagwan Nagar.

3.3 Ramjag Soni called up their cousin Shesh Prashad son of their uncle Devi Prashad and informed him about the incident, but Shesh Prashad also threatened him over phone.

3.4 Thereafter, Ramjag Soni went to his uncle Devi Prashad to tell about the conduct of his cousins. Devi Prashad resides in the same vicinity on third floor of the premises, so the complainant de facto called Devi Prashad and sat on ground floor shop of the latter.

3.5 After sometime, Amardeep cousin of complainant de facto also reached there abusing him, and after beating him up, forcibly pushed him out of the shop. Hearing the commotion, Aachman Soni nephew of complainant de facto also reached there and was beaten up by Amardeep.

3.6 In the meanwhile, paternal uncle and cousin Sandeep Soni of complainant de facto also reached there and beat up his brother and nephew.

3.7 Shesh Prashad and paternal aunt of complainant de facto, carrying a wooden stick also reached there. Paternal uncle and aunt of complainant de facto along with their three children beat up brother and nephews of complainant de facto with stick, and when he tried to intervene, his elder brother Kali Prashad and cousins Harsh Soni, Sarita Soni, Sheetal Soni as well as their husbands Uday, Shyam and Gaurav Soni also started beating him, his brother and nephew.

3.8 In the meanwhile, Anand Soni son of complainant de facto also reached there and tried to intervene, but Shesh Prashad grabbed neck of Anand Soni, pushing him out of door, causing injuries.

3.9 Thereafter, complainant de facto and his son were beaten up with an iron rod. Devi Prashad, along with his sons, daughters and sons-in-law also threatened to kill the complainant de fac