The Delhi High Court recently comprising of a bench of Justice Jasmeet Singh while dealing with a matter related to the issue was with regard to car parking in the neighbourhood which turned into an ego clash resulting in registration of the FIR remarked, "Since the parties have settled the matter and do not wish to prosecute the FIR any further, I think, it is a fit case for quashing the FIR.
This court must, however, note that the practise of lodging an FIR on such frivolous and minor issues is a practise which must be condemned. The Judicial system and state resources are already heavily burdened and litigants must be conscious of their actions."
Facts of the case
The petition was filed seeking quashing of the FIR registered dated 19.12.2016 under Section 323/341/354/509/34 IPC and all proceedings emanating therefrom. The issue was with regard to car parking in the neighbourhood which turned into an ego clash resulting in registration of the FIR.
Contention of the Parties
The respondents Nos.2 to 5 submitted that the parties have arrived at a settlement on 27.12.2021 pursuant to which their disputes have been settled and the parties do not wish to prosecute the matter any further.
Courts Observation and Judgment
The bench at the very outset observed, "Since the parties have settled the matter and do not wish to prosecute the FIR any further, I think, it is a fit case for quashing the FIR."
The bench quashing the FIR remarked, "This court must, however, note that the practise of lodging an FIR on such frivolous and minor issues is a practise which must be condemned. The Judicial system and state resources are already heavily burdened and litigants must be conscious of their actions.
Parties before lodging an FIR, must have due regard as to not only the nature and gravity of what offences they are alleging but also the state and police resources that go into investigating those matters, which are ultimately put up before court to only be quashed. Such an exercise is nothing but an abuse of the process of law which must be discouraged in its entirety."
The bench noted, "For the reasons stated above, the FIR No. 477/2016 dated 19.12.2016 registered at PS Paharganj u/s 323/341/354/509/34 IPC and all consequential proceedings emanating therefrom are hereby quashed, but subject to each of the petitioners and each of the respondents depositing Rs. 15,000/- with DHCLSC within 4 weeks from today."
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