The Delhi High Court while considering that the parties have amicably settled the dispute out of their own free will, and without any coercion, quashed the FIR registered at Police Station Baba Haridas Nagar, Delhi for offences punishable under Sections 354/452/506/509/354B/34 of the Indian Penal Code.
On a query made by the Single Bench of Justice Swarana Kanta Sharma , respondent no.2 (complainant) has categorically stated that she has entered into compromise out of her own free will and without any pressure, coercion or threat.
It is also stated by respondent No.2 that the entire dispute has been amicably settled between the parties vide Memorandum of Understanding (MoU)/Settlement Deed of February 2022 entered into between them and that she has no objection if the FIR is quashed.
Both the parties have appeared before the High Court.
The complainant states that the parties herein are neighbours and a dispute had arisen over some misunderstanding, pursuant to which the present cross FIRs have been registered.
“The cases were registered in the year 2017 and charges have already been framed. Thus, there has been a delay by the parties in coming to the Court for compromise for quashing of the FIRs, thereby consuming much judicial time and time of the investigating agency”, held the court.
Moreover the Court 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.
The complainants in both the cases are present and state that they do not want to pursue the matter as the matter has been amicably settled. The parties have been cautioned and counselled.
However, considering that the parties have amicably settled the dispute out of their own free will, and without any coercion, the court in the interest of justice quashed the Fir subject to the accused persons depositing a sum of Rs. 10,000/- each in Lawyers’ Welfare Fund, Tis Hazari Courts, Delhi .