The Bombay High Court recently dismissed a case against a Thane man and his three sons who were accused of misconducting their neighbor, verbally abusing her, and threatening her dog, which was causing a disturbance due to excessive barking.
The court issued the order after both parties reached an amicable settlement, and the complainant woman had no objections to the quashing of the First Information Report (FIR) that was initially filed at the Kolsewade Police station in Thane district.
A division bench, consisting of Justice Anuja Prabhudessai and Justice Nitin Borkar, passed the order based on a petition by the four men, who were represented by advocates Amandeep Singh Boke and Charan Penthalia. The accused individuals had been charged with offenses under various sections of the Indian Penal Code (IPC), including Sections 354 (assault or criminal force with the intent to outrage the modesty of a woman), 354-A (sexual harassment), 504 (intentional insult), 506 (criminal intimidation), and 509 (act intended to insult the modesty of a woman). Additionally, they were charged under Section 11(1)(a) of the Prevention of Cruelty to Animals Act, 1960, for allegedly mistreating an animal.
The FIR was registered following the complainant woman’s allegations that the petitioners had disrespected her, used abusive language, and threatened her pet.
After reviewing the FIR’s contents, the court concluded that the case was of a personal nature and not a crime against society. Considering that the petitioners and the complainant were neighbors, and the victim had no objections to quashing the proceedings, the court deemed it appropriate to exercise its powers under Article 226 of the Constitution (Powers of HC) to serve the interests of justice. Consequently, the bench allowed the petition.
The bench granted the quashing of the FIR, contingent on the petitioners paying Rs 20,000 to the Kirtikar Law Library, located within the HC premises, within two weeks. The HC concluded the petition and scheduled the compliance with its order for October 12.