NARENDRA KUMAR Vs. STATE

JUDGEMENT

(1.) This is a petition for quashing of the FIR no.272/2001 registered at P.S. R.K.Puram under Sections 451, 323, 506, 509, 34 IPC arising out of disputes between the two neighbours, staying in the same premises. The complainant lodged a report that his wife and daughter were coming out for some work and after they came out of the house, the respondent Ashish Gosain was standing outside along with his driver and on seeing his daughter and wife started passing obscene comments. On hearing the noise he came outside the house and tried to stop them but both of them started beating him. They then forcibly entered his house and manhandled him. On seeing this his son telephoned the Police who reached there and registered the case under Sections 451, 323, 506, 509 read with 34 IPC.

(2.) Since they have now amicably settled the disputes as according to the complainant due to some misunderstanding and on hearing the noise from outside he got infuriated and confronted the petitioner ensuing in scuffle and lodged the report, now they want to live in peace being immediate neighbours. As is apparent no useful purpose will be served in continuing with the proceedings as it will not only further their enmity but also harm their future relations as they are living in the same premises and have to face each other everyday. Petition is allowed and the impugned FIR and the proceedings arising therefrom stand quashed.

(3.) However before parting I feel constrained to refer to the contentions raised by the counsel for the petitioner that the Notification no.232-Home dated 11.01.1933 issued under Section 10 of Criminal Amendment Act of 1932 by the then Chief Commissioner of Delhi, which made the offence punishable under Section 506 IPC "cognizable" and "non-bailable" though Code of Criminal Procedure 1898 categorized this offence "non-cognizable" and "bailable" has outlived its utility and is operating against the law legislated by the Parliament by way of Code of Criminal Procedure, 1973 repealing the old Code of 1898 as Code of 1973 has also categorized this offence as "non-cognizable" and "bailable" and, therefore is liable to be quashed as in the instant case every other offence was bailable but petitioner was arrested and sent to jail because of the said notification making the offence under Section 506 IPC "cognizable" and "non-bailable".