S. 364 IPC (Abducting in Order to Murder): HC quashes FIR on mutual settlement [Read Order]

The Uttarakhand High Court recently comprising of a bench of Justice Alok Kumar Verma quashed a First Information Report ("FIR") registered under Section 364, IPC which deals with "kidnapping or abducting in order to murder". (Avinash Kumar Sharma and Others v. State of Uttarakhand and Others)

Facts of the case

This Criminal Writ Petition was filed under Article 226 of the Constitution of India to quash the First Information Report, registered with Police Station Jaspur, District Udham Singh Nagar for the offence under Section 364 of I.P.C.

Contention of the Parties

Mohd. Yakub, the husband of the respondent no.3, respondent no.3 and all three petitioners submitted that they have settled their dispute and they have arrived at an amicable settlement. The respondent no.3 stated that she is living with her husband peacefully. The petitioners and the respondent no.3 submitted that they have filed a compounding application along with their affidavits with their free will and without any pressure.

Mr. Pratiroop Pandey, the learned A.G.A. for the State has no objection.

Court's observations and Judgment

The bench at the very outset observed, "Though, this Court would normally be hesitant to quash the First Information Report, lodged under Section 364 I.P.C., it is noticed that there is no dispute between the parties and they are living in peace and harmony."

The court disposing of the petition remarked, "Keeping in view of the totality of the facts and circumstances of the case, this Court is of the view that ends of justice would be met, if the impugned First Information Report No. No.248 of 2021, registered with Police Station Jaspur, District Udham Singh Nagar for the offence under Section 364 of I.P.C., is quashed.

Resultantly, the impugned First Information Report No. No.248 of 2021, registered with Police Station Jaspur, District Udham Singh Nagar for the offence under Section 364 of I.P.C., is hereby quashed. 10. The Criminal Writ Petition No.2174 of 2021 is disposed of, accordingly."

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