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High Court quashes FIR against woman for abusing friend

Monday, 26 May 2014 - 9:13am IST | Agency: dna

Asks her to pay Rs 50k to police welfare fund

The Bombay High Court has asked a woman to pay Rs50,000 to the Police Welfare Fund while quashing an FIR against her for abusing her friend over a petty issue.
A division bench of Justices BR Gavai and CV Bhadang of the Nagpur bench of the HC quashed the FIR against Radha for abusing her friend Seeta, observing that they come from a good family background and repercussions of an FIR would be adverse on their family life.

"We are of the opinion that continuance of criminal proceedings would hamper the family life of first applicant (Radha), so also, in future, second applicant (Seeta), who is unmarried, would face problems in settling down in her life," observed the judges.

Both had approached the HC seeking quashing of the FIR against Radha. Seeta had agreed to give an NOC for quashing of the FIR. The court also considered the fact that both friends had agreed to bury their differences.

The judges have, however, made it clear that if Radha failed to pay the amount then the order of quashing of the FIR would be automatically cancelled.

The women were working with different banks and were well known to each other. On March 14, Seeta lodged an FIR alleging that Radha had called her and forcefully entered her residence. An altercation ensued over a petty issue between them, after which Radha verbally abused Seeta.

While quashing the FIR, the HC observed: "No doubt, this is not a case where no element of public law is involved. However, it appears that the allegations, which are levelled in the FIR, are for acts that happened within the four corners of the house."

The reply filed by the prosecution also stated that none of the neighbours had given statements regarding the incident.

"It's thus clear that even if Radha goes for a trial, it would result in discharge or acquittal. No doubt, while exercising the powers under Section 482 of Criminal Procedure Code (CrPC) it is not relevant that a case would result into an acquittal or discharge. However, in the present case, we find that in the interest of the two families, it is just and proper that this court should exercise the powers under CrPC," added the judges.

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