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Can we go to quash FIR depending on wrong CD report made by IO
12-Feb-2023 (In Criminal Law)
Can a accused person get stay or quash the FIR after rejecting anticipatory bail by High court depending upon wrong cd report made by IO?or what shall he do next pl help us....
yes you can move a petition under section 482 Cr.p c for quashing of FIR before the hon'ble High court.---- Can a accused person get stay or quash the FIR after rejecting anticipatory bail by High court depending upon wrong cd report made by IO
Helpful?
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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HELLO..
when The Honorable high Court has rejected your Anticipatory Bail petition then police any time can arrest you and whether the CD was made with ulterior motive by the IO or not the court will decide that,but YES you can go for QUASHING the case to The Honorable High Court but after completion of the Investigation and submission of Charge Sheet.
FOR FURTHER DETAILS PLEASE CONTACT ME.
THANK YOU.
when The Honorable high Court has rejected your Anticipatory Bail petition then police any time can arrest you and whether the CD was made with ulterior motive by the IO or not the court will decide that,but YES you can go for QUASHING the case to The Honorable High Court but after completion of the Investigation and submission of Charge Sheet.
FOR FURTHER DETAILS PLEASE CONTACT ME.
THANK YOU.
Helpful?
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Adv. Atanu Chatterjee
Kolkata | 25+ Answers
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1) FIR can not be withdrawn.
2) the better option is to get it quashed from the concerned High Court in view of the compromise arrived at between the disputing parties.
3)In Gian Singh Vs. State of Punjab & Anr., JT 2012 (9) SC 426, it was held:
However, certain offences which overwhelmingly and predominantly bear civil flavour having arisen out of civil, mercantile, commercial, financial, partnership or such like transactions or the offences arising out of matrimony, particularly relating to dowry, etc. or the family dispute, where the wrong is basically to victim and the offender and victim have settled all disputes between them amicably, irrespective of the fact that such offences have not been made compoundable, the High Court may within the framework of its inherent power, quash the criminal proceeding or criminal complaint or F.I.R if it is satisfied that on the face of such settlement, there is hardly any likelihood of offender being convicted and by not quashing the criminal proceedings, justice shall be casualty and ends of justice shall be defeated. The above list is illustrative and not exhaustive. Each case will depend on its own facts and no hard and fast category can be prescribed.
2) the better option is to get it quashed from the concerned High Court in view of the compromise arrived at between the disputing parties.
3)In Gian Singh Vs. State of Punjab & Anr., JT 2012 (9) SC 426, it was held:
However, certain offences which overwhelmingly and predominantly bear civil flavour having arisen out of civil, mercantile, commercial, financial, partnership or such like transactions or the offences arising out of matrimony, particularly relating to dowry, etc. or the family dispute, where the wrong is basically to victim and the offender and victim have settled all disputes between them amicably, irrespective of the fact that such offences have not been made compoundable, the High Court may within the framework of its inherent power, quash the criminal proceeding or criminal complaint or F.I.R if it is satisfied that on the face of such settlement, there is hardly any likelihood of offender being convicted and by not quashing the criminal proceedings, justice shall be casualty and ends of justice shall be defeated. The above list is illustrative and not exhaustive. Each case will depend on its own facts and no hard and fast category can be prescribed.
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Adv. Aveek Bose
Kolkata | 500+ Answers
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