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Bombay HC Allows Quashing Of FIR In Assault Case As Both Parties Reach Settlement, Imposes Cost [Read Order]

Nitish Kashyap
31 Aug 2017 4:52 AM GMT
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The Bombay High Court recently allowed criminal applications filed by college students for quashing of FIRs registered for offences punishable under Section 354, 323, 324, 326 and 504 of the Indian Penal Code, on the condition of a collective cost of Rs. 20,000 to be paid to the National Association of Blind.

The bench of Justice RM Savant and Justice SK Shinde passed the order after both parties submitted that FIRs had been registered by them against each other in the heat of the moment due to a misunderstanding. They submitted the consent terms before the court, once the matter was settled.

The incident took place outside Rizvi College, Bandra, on May 24, 2017. All parties involved in the case are students of the said college.

Upon confirmation from all parties involved that they did not wish to pursue the said FIRs and had signed the consent terms on their own free will, the court noted: “In view of the 'Consent Terms' and in the light of the judgment of the Apex Court in the case of Narinder Singh v. State of Punjab reported in (2014) 6 SCC 466, there is no impediment in quashing the proceedings though the offences alleged are non-compoundable. Dictum of the Supreme Court in Gian Singh v. State of Punjab reported in (2012) 10 SCC 303 would also lead to the same conclusion. No useful purpose would therefore be served by keeping the proceedings pending.”

Therefore, the applications for quashing were allowed to subject one condition, deposit of a collective cost of Rs. 20,000 with the National Association of Blind, Worli, within six weeks from the order.

Read the Order Here

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