30 March 2017 07 33 AM
On 2nd March 2017, the Bombay High Court refused to quash the FIR against a person who had filed a writ petition for quashing the same on the grounds of settlement with the victim’s father. Case Name Mohd. Asgar Choudhari and Ors. v. State of Maharashtra and Anr., WP No. 31 0f 2017 (Bombay HC)
Where it all began
The FIR was registered against Mohd. Asgar Choudhari, i.e., the Petitioner, under Sections 498A (cruelty), 306 (abetment to suicide) & 406 (punishment for criminal breach of trust) of Indian Penal Code, 1860. The petitioner was in a relationship with the victim. The first informant (father of the victim) registered the FIR on the grounds of abetment to suicide of his daughter. However, his affidavit in an order dated 2nd January, 2017 spoke otherwise, stating that “he was in a shocked state of mind due to the sudden demise of his daughter and his daughter committed suicide under depression.” This contrary statement has raised doubts over the veracity of the facts of the case. The petitioner then filed a writ petition before the Bombay High Court to quash the said FIR registered against him as the settlement has been reached between the petitioner and the first informant.
The Masqueraded Settlement
The petitioner scored a settlement with the first informant behind the curtains for an amount of Rs 8 lakhs. His cousin sent a letter dated 17-02-17 to the Senior Inspector of Police, Deonar Police Station, Mumbai mentioning the same.
The bench of Justice A. S. Oka and Justice Anuja Prabhudessai refused to quash the FIR on the ground that the victim of the alleged offence is no more and therefore, rejected the writ petition. However, it observed that the petitioner would not be precluded from applying for discharge.