Justice Arun Monga, Delhi High Court
Delhi High Court Quashes FIRs Between Neighbours Over Dog-Walking Dispute, Imposes ₹10,000 Cost Each To Be Paid To Dog Shelter
|A dispute arose between the two parties while they were walking their dogs, which was settled by them.
The Delhi High Court quashed two First Information Reports (FIRs) filed by neighbours against each other following an altercation that occurred during a dog walk.
A bench of Justice Arun Monga noted, “Upon interaction, it appears that the underlying dispute, being private in nature, has indeed been amicably resolved. They further affirm in unison, of their own free will and without any coercion or duress that they do not wish to pursue the matter and consent to the quashing of the FIRs in question.”
It added, “In such circumstances, continuation of the criminal proceedings would serve no useful purpose and would rather amount to an abuse of the process of law. Not quashing the criminal proceedings would rather rekindle hostility, whereas quashing the same would promote cordiality and bonhomie between the neighbours.”
Advocate Iqbal Singh appeared for the Petitioner and Advocate Digam Singh Dagar appeared for the Respondents.
The incident in question took place on February 19, 2024, when a dispute arose between the two parties while they were walking their dogs. The situation escalated into a confrontation, prompting both sides to lodge FIRs under Sections 34 (common intention), 323 (voluntarily causing hurt), 341 (wrongful restraint), and 354/354B (assault or criminal force to woman with intent to outrage her modesty) of the Indian Penal Code (IPC) containing cross-allegations
During the proceedings, legal counsels representing both parties informed the Court that the matter had been settled amicably outside the courtroom and that neither side wished to pursue the litigation any further.
The Court remarked, “All of it, remarkably, in the name of their beloved pets. Truly, a case that redefines “for the love of dogs!!””
The Court invoked its inherent powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), formerly analogous to Section 482 of the CrPC, to quash both FIRs and related proceedings. The judge emphasized the need to prevent unnecessary hardship and uphold societal harmony.
However, the quashing was made subject to a condition, “parties to compromise i.e. petitioners in both the petitions, for the love of their pets, shall pay, within one week, a sum of Rs. 10,000/- in each petition, as costs payable to the dog shelter maintained and run by “Unity for Stray Animal Foundation”, Khera Khurd, Near Nahar Wala Pul, Mithishi Milk Point-110082 (Account No. 051888700000378, IFSC Code YESB0000518, PhonePe/Paytm/GPay 9310813082).”
The Court held, “Accordingly, the petitions are allowed. FIR No.70/2024 dated 19.02.2024, for the alleged offences u/S 34, 323, 341, 354 of IPC, and FIR No.71/2024 dated 19.12.2024, u/S 34, 323, 341, 354 (B) of IPC, both lodged at Police Station K.N. Katju Marg, and all other consequential proceedings are hereby quashed.”
Cause Title: Ashish Jindal & Ors. v. The State of NCT of Delhi & Anr.,
Appearance:
Petitioner: Advocates Iqbal Singh and NK Sharma
Respondent: Advocates Digam Singh Dagar, Ravinder, Lalit, and Vinod Kumar Mangal