Delhi HC: Tendency to File Cases U/s 354 & 509 of IPC Needs to be Curbed

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Aastha Thakur

Published on: 11 June, 2022, 18:13 IST

The Single Judge Bench Justice Swarna Kanta Sharma made quite an observation that there is strong likelihood of filing cases by neighbours under Section 354 (Assault or criminal force to woman with intent to outrage her modesty) & 509 (Word, gesture or act intended to insult the modesty of a woman) of the IPC, in order to settle scores which needs to be curbed.

Justice Swarana Kanta Sharma made such observation while hearing a petition of FIR quashing registered under Sections 354, 452, 506, 509, 354B and 34 of Indian Penal Code.

The complainant stated in 2017, the dispute arises over some misunderstandings between two neighbours. Pursuant to which the present cross FIR registrations have been registered, resultantly the charges were also framed. At last, for the quashing of FIRs both the parties came to the court for compromise. This leads to consuming much judicial time and time of the investigating agency over baseless allegations by the both parties.

The Court further observed that tendency to file cases of such serious nature to settle scores between neighbours is on the rise and needs to be curbed.

The Court also states, “The tendency to file cases under Sections 354 & 509 of the IPC 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 they do not want to pursue the matter as the same has been amicably settled.”

Although the FIRs were quashed, the court also directed the accused persons to deposit Rs.10,000/- in the Lawyers’ Welfare Fund, Tis Hazari Courts, Delhi and file a receipt of the same before the Registry within a week.

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