Saurabh Kansal and Ors. vs. State of Govt NCT Delhi and Anr.
Background
An FIR was registered in 2014 against the petitioners after the complainant (respondent no. 2) alleged that a dispute over parking with her neighbours led to her being abused and inappropriately touched when she tried to report the matter to the police. A charge-sheet was filed and charges were framed. The matter was later referred to the Mediation Centre at Saket Court, where the parties resolved all their disputes and reached a settlement.
Decision Breakdown
The complainant appeared via videoconferencing, was identified by the investigating officer and her counsel, and confirmed she had settled the matter voluntarily without coercion, stating she had no objection to quashing the FIR. The Court held that continuing the decade-old criminal proceedings would serve no useful purpose since the dispute was private in nature and did not involve public interest. Exercising its inherent powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Court quashed the FIR and all consequential proceedings, directing that original affidavits be placed before the Trial Court within four weeks.
Lesson Learnt
Courts can quash even old criminal FIRs involving personal disputes (like neighbourhood harassment) where the complainant genuinely settles the matter and the offence is essentially private in nature with no larger public interest at stake.