2004 CRI. L. J. 2594 ::(2004) 109 DLT 368 ::(2004) 1 CurCriR 383 ::(2004) 72 DRJ 620

Delhi High Court

Hon'ble Judge(s): J. D. Kapoor , J

(A) Criminal P.C. (2 of 1974) , S.482— Quashing of FIR - Complaint for offence under Ss. 451, 323, 506, IPC - Complainant and accused are immediate neighbours - They have now amicably settled dispute and want to live peacefully - No useful purpose would be served in continuing with proceedings - FIR and proceedings arising therefrom quashed. Penal Code (45 of 1860) , S.451, S.506— (Para 2) (B) Criminal Amendment Act (1932) , S.10— Notification No. 232-Home dated 11-1-1933 - Offence under S.506, IPC - Made cognizable and non-bailable by notification dated 11-1-1933 - It has outlived its utility and operating against law - It has continued for 70 long years without review of facts and conditions that necessitated it - Directions issued to Govt. to review it. Penal Code (45 of 1860) , S.506— The Notification No. 232-Home dated 11-1-1933 issued under S. 10 of Criminal Amendment Act of 1932 by the then Chief Commissioner of Delhi, which made the offence punishable under S. 506, PC "cognizable" and "non-bailable" though Code of Criminal Procedure, 1898 categorized this offence "non-cognizable" and "bailable". Right from 1898 and even when new Code was enacted in 1973, the Legislature has not considered it imperative or neces....