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'Nanad-Bhabhi' An Interesting Relation Of Our Society:
Allahabad HC Quashes Extortion Complaint As Parties
Settle Dispute
By - Sparsh Upadhyay Update: 2024-10-22 11:03 GMT
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The Allahabad High Court recently quashed an extortion complaint filed by a woman
against her brother's wife (Bhabhi), noting that the parties had come to an agreement
and that no dispute remained between them.
While doing so, Justice Saurabh Shyam Shamshery's bench also referred to the
unique dynamics of the 'Nanad-Bhabhi' relationship in Indian society. The Court
remarked that the Nanad-Bhabhi relationship is a very interesting relationship in our
society.
The Court noted that since both parties are educated and have now no dispute left
between the contesting parties, it was appropriate to quash the proceedings of
Complaint Case U/s 504, 500, 384 IPC, pending before Additional Chief Judicial
Magistrate, Court-5, Ghaziabad.
It may be noted that in this case, Dr. Shikha Tyagi (Nanad/sister-in-law) filed a
complaint against her brother's wife (Bhabhi/Pooj Pant Tyagi/applicant) mainly due
to a matrimonial dispute pending between the applicant and her husband.
On June 9, 2023, an order was passed by the concerned Court U/s 204 CrPC (issue of
process).
Subsequently, both parties came to an agreement to settle their dispute, and hence, an
application was moved before the concerned court to withdraw the complaint.
However, the same was rejected on July 31, 2024, on the ground that in a warrant trial,
no exercise could be done U/s 257 CrPC.
In view of this, the applicant (Bhabhi) moved the HC, contending that even in such
circumstances, the HC's inherent powers are available to quash proceedings on the
basis of compromise, subject to certain restrictions.
Allowing the application, the HC quashed the complaint case while directing the parties
to deposit Rs. 1,000/—each before the District Legal Services Authority, Ghaziabad,
within two weeks.
Tags:
Nanad-Bhabhi Relationship Extortion Case Allahabad High Court
Justice Saurabh Shyam Shamshery
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