Bombay HC Quashes Molestation Case Against Ness Wadia After Mutual Settlement With Complainant Preity Zinta [Read Order]

The Bombay High Court recently allowed a petition filed by Ness Wadia seeking quashing of a FIR registered with Marine Drive Police Station for an offence punishable under sections 354, 504, 506 and 509 of the Indian Penal Code, 1860 at the instance of actress and former fiancée Preity Zinta.

A division bench of Justice Ranjit More and Justice Bharati Dangre agreed to quash the FIR after advocates for both parties submitted that they had decided to settle their differences amicably.

The court noted-

“The learned Counsel appearing for the respective parties submitted that during the pendency of above criminal proceedings, with the help and intervention of friends and well-wishers, the parties have amicably settled their differences by way of mutual settlement and pursuant to the understanding arrived at between them, present application petition is filed for quashing the above criminal proceedings, by consent of Respondent No. 2.”

Zinta had filed an affidavit dated August 1, 2018 wherein she stated that she has no objection to quash the criminal proceeding. Both Zinta and Wadia were present in court.

Thus, the court observed-

“It can, thus, be seen that the matter has been amicably settled between the parties. From the perusal of complaint, it transpires that the allegations are totally personal in nature. There is no element of public law involved in the crime. The offence alleged cannot be said to have any impact on the society. In these circumstances, and especially, in view of the law laid down by the Apex Court in the case of Madan Mohan Abbot vs. State of Punjab, [(2008) 4 SCC 582], we find that no purpose would be served by keeping the subject FIR alive /..... criminal proceedings pending except ultimately burdening the Criminal Courts which are already overburdened.”

Referring to the decision of the Supreme Court in Narinder Singh vs. State of Punjab [2014 AIR SCW 2065], the bench allowed the petition.

Read the Order Here