Kamal Kumar & Anr. v. State of NCT of Delhi & Anr.

Delhi High Court · 20 May 2025 · 2025:DHC:4068
Girish Kathpalia
CRL.M.C.391/2025
2025:DHC:4068
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 354, 354B, 506, 509, and 34 IPC after the parties amicably settled their dispute, imposing costs on petitioners to deter future misconduct.

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CRL.M.C.391/2025
HIGH COURT OF DELHI
Date of Decision: 20.05.2025
CRL.M.C. 391/2025, CRL.M.A. 1927/2025 & CRL.M.A.
1928/2025 KAMAL KUMAR & ANR. .....Petitioners
Through: Mr. Tarun, Advocate
WITH
petitioners in person.
VERSUS
STATE OF NCT OF DELHI & ANR. .....Respondents
Through: Mr. Nawal Kishore Jha, APP for State
WITH
IO/SI Kiran Dayal, PS Moti
Nagar.
Respondent No.2 in person.
CORAM: JUSTICE GIRISH KATHPALIA
JUDGMENT
(ORAL)

1. The petitioners seek quashing of FIR No. 241/2016 of PS Moti Nagar for offences under Section 354/354B/506/509/34 IPC. Both petitioners and the complainant de facto (respondent no.2) have personally appeared and are identified by their respective counsel and IO/SI Kiran Dayal.

2. I have spoken with the parties in Hindi.

3. Although the offences under Section 354/354B IPC also form part of the chargesheet, the allegations do not appear to be specific. At the same time, the allegations do not appear to be exaggerated, so I am inclined to GIRISH KATHPALIA KATHPALIA Date: 2025.05.20 17:36:59 +05'30' CRL.M.C.391/2025 pages invoke inherent powers in this case.

4. Both sides submit that now they have sorted out their differences and are living peacefully in the same vicinity. The respondent no.2 specifically requests that proceedings against the petitioners be quashed so that they live peacefully as good neighbours.

5. Learned APP submits that in order to ensure that the petitioners do not repeat their misconduct, they be burdened with some costs.

6. In view of the above circumstances, I am satisfied that it would be in the interest of justice and permanent quietus between the two neighbours, not to push them through trial.

7. Therefore, the petition is allowed and FIR No. 241/2016 of PS Moti Nagar for offences under Section 354/354B/506/509/34 IPC as well as proceedings arising therefrom are quashed subject to each of the petitioners depositing costs of Rs.10,000/- with DHCLSC within one week and filing the costs receipts with the Registry of this court. Pending applications stand disposed of. (JUDGE) MAY 20, 2025