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'Nanad-Bhabhi' An Interesting Relation Of Our Society: Allahabad HC Quashes Extortion Complaint As Parties Settle Dispute
Sparsh Upadhyay
22 Oct 2024 4:33 PM IST
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 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.
