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Abducting In Order To Murder: Uttarakhand High Court Quashes FIR U/S 364 IPC On Mutual Settlement

Jyoti Prakash Dutta
3 March 2022 11:27 AM GMT
Abducting In Order To Murder: Uttarakhand High Court Quashes FIR U/S 364 IPC On Mutual Settlement
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The Uttarakhand High Court has quashed a First Information Report ("FIR") registered under Section 364, IPC which deals with "kidnapping or abducting in order to murder". While quashing the FIR, a Single Judge Bench of Justice Alok Kumar Verma observed, "Though, this Court would normally be hesitant to quash the First Information Report, lodged under Section 364 I.P.C., it is noticed...

The Uttarakhand High Court has quashed a First Information Report ("FIR") registered under Section 364, IPC which deals with "kidnapping or abducting in order to murder". While quashing the FIR, a Single Judge Bench of Justice Alok Kumar Verma observed,

"Though, this Court would normally be hesitant to quash the First Information Report, lodged under Section 364 I.P.C., it is noticed that there is no dispute between the parties and they are living in peace and harmony."

The FIR was lodged by the respondent no.3. According to the FIR, on 14.11.2021, Mohd. Yakub, the husband of the respondent no.3, was assaulted by the petitioner no.1 (brother of the respondent no.3), the petitioner no.2 (father of the respondent no.3) and the petitioner no.3 (the uncle of the respondent no.3).

The Court noted that Mohd. Yakub, the husband of the respondent no.3, respondent no.3 and all three petitioners have submitted that they have settled their dispute and they have arrived at an amicable settlement. Also, the respondent no. 3 stated that she is living with her husband peacefully. The petitioners and the respondent no. 3 stated that they have filed a compounding application along with their affidavits with their free will and without any pressure. Hence, they mutually prayed for quashing the said FIR.

The same was also not opposed by the counsel for the State. Accordingly, the Court came to the conclusion and held,

"Keeping in view of the totality of the facts and circumstances of the case, this Court is of the view that ends of justice would be met, if the impugned First Information Report No. No.248 of 2021, registered with Police Station Jaspur, District Udham Singh Nagar for the offence under Section 364 of I.P.C., is quashed."

Resultantly, the FIR was quashed.

Case Title: Avinash Kumar Sharma & Ors. v. State of Uttarakhand & Ors.

Case No.: Criminal Writ Petition No. 2174 of 2021

Date of Judgment: 02 March 2022

Coram: Justice Alok Kumar Verma

Citation: 2022 LiveLaw (Utt) 8

Click Here To Read/Download Order


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