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How can we recall old order?: Bombay High Court to actor Neeru Randhawa – India Today

The Bombay High Court told actor and British citizen Neeru Randhawa, who was allegedly assaulted by her then boyfriend Armaan Kohli, that the court cannot recall an order it had passed in 2018 by which an FIR was quashed.

The bench of Justices PB Varale and NR Borkar asked, “How can we recall the order by which the FIR was quashed?”

Randhawa and actor Armaan Kohli were in a relationship and living together in Mumbai. On June 3, 2018, Randhawa was allegedly brutally assaulted by Kohli and pushed down a staircase. She banged her head against the floor. Randhawa claimed that she had sustained grievous injuries due to the assault and had to undergo 15 sutures.

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Following her complaint, an FIR was registered against Kohli and settlement talks took place in the presence of mutual friends over the issue. An amicable settlement was arrived at under which a demand draft of Rs 50 lakh was given to her by Kohli as an initial amount, three days after the incident.

Randhawa claims that it was decided that Kohli would pay her Rs 1 crore. The remaining amount would be given in two post-dated cheques towards the full and final settlement. Following this, Kohli filed a case for the quashing of the FIR and Randhawa filed an affidavit supporting Kohli’s request.

After the Bombay High Court quashed the FIR, Randhawa deposited the cheques. However, both the cheques bounced due to insufficient funds. Randhawa said that this was a gross contempt and fraud played upon the court by Kohli and she filed a plea asking for the earlier order to be recalled.

While Randhawa’s lawyers Kushal Mor and Kunal Bilaney pointed this out and the bench asked them how a bench can recall an order passed earlier by a different bench, Kohli’s lawyer Tarak Sayad took time to take instructions and sought an adjournment.

Kohli was recently granted bail in a drug case by the Bombay High Court and is now out of prison. Randhawa’s plea will be heard again next week.

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Source: https://www.indiatoday.in/law/high-courts/story/how-can-we-recall-old-order-bombay-high-court-to-actor-neeru-randhawa-2007221-2022-10-01