Bombay High Court quashes molestation FIR against businessman after plaint is withdrawn

The Bombay high court has quashed an FIR lodged against a city businessman, accused of molesting a woman, after she withdrew the allegation.

A division bench of Justices Ranjit More and Anuja Prabhudessai quashed the FIR after the woman filed an affidavit withdrawing the charges levelled against the businessman, Bhavin Parikh.

While quashing the FIR, the HC observed: “We are of the view that the dispute is of personal nature and as such there, is no impediment to quashing the criminal complaint.” The judges cited a supreme court judgment in Narinder Singh vs State of Punjab, wherein the apex court had quashed a similar FIR.

The HC has directed Marine Drive police to quash the FIR and release Parikh if he is not required in any other case. He was arrested after the FIR was lodged, and is still in custody.

The HC was hearing the petition filed by Parikh seeking quashing of the FIR. The woman had given consent for withdrawing the proceedings.

The judges have said: “Pending investigation, the parties have settled their dispute amicably and in pursuance of understanding between them, they have urged for quashing the proceedings of FIR.”

“The respondent has also filed an affidavit giving no objection to quash the proceedings in the said FIR. She has also stated that she is giving no objection out of her own free will and without there being any force or coercion,” the judges further noted.

However, the bench asked Parikh to pay Rs10,000 cost to the high court library, saying it is condition precedent.