Allahabad HC quashes extortion complaint as parties settle dispute

In doing so, Bench of Justice Saurabh Shyam Shamshery also referred to the unique dynamic of the ‘Nanad-Bhabhi’ relationship in Indian society. The Court noted that Nanad-Bhabhi relationship is very interesting relationship in our society.

The Court noted that since both the parties are instructed and there is no further dispute between the parties in dispute, it was appropriate to quash the proceedings of the complaint U/s 504, 500, 384 IPC, pending in front Additional Chief Magistrate, Court-5, Ghaziabad.

It can 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/candidate) mainly because of a pending matrimonial dispute between the applicant and her husband.

On June 9, 2023, an order was passed by the concerned court U/s 204 CrPC (procedural matter).

Subsequently, both parties reached an agreement to settle their dispute and hence, an application was filed before the concerned court to withdraw the complaint. However, the same was dismissed on July 31, 2024, on the ground that during a warrant trial, no exercise U/s 257 CrPC could be carried out.

In view of this, the petitioner (Bhabhi) moved the HC, contending that even in such circumstances, the inherent powers of the HC are available to quash the proceedings on the basis of compromise, subject to certain restrictions.

Allowing the application, the HC quashed the complaint while directing the parties to deposit Rs. $1,000 each before the District Legal Services Authority, Ghaziabad, within two weeks.