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Procedure to quash FIR filed against me
24-Nov-2023 (In Criminal Law)
Dear sir ,I am a constable in delhi police . An fir has been registered on me and one of my friend during night duty . The complainant are girls. Fir registered with u/s - 354/451/506/509/34 IPC . But in 164 crpc statement before magistrate they denied for any . Now investigation officer made a chargesheet u/s -451/506/509/34 IPC .The case is not admit in the court till now. The complainant wants to cancel it properly and quashing the fir . Now this stage ,how to quashing this FIR
There are two ways a frvolous or vexations FIR may be dealt with:
1. The police themselves may file a closure report u/S 169 Crpc with the magistrate, which the magistrate may accept or reject
2. The magistrate may quash the FIR, when the chargesheet is presented to him by the police, if he is of the opinion that No case has been made out against the accused.
3. The accused may approach the High Court u/S 482 Crpc to pray for quashing of the FIR.
In case of urgency, people often resort to the third option. This is also the only option where the accused has an active role to play. That is so because the High Court may be convinced to quash the FIR on the basis of a compromise reached between the parties or that the contents of the FIR do not disclose an offence or because the complaint has filed the FIR only to harrass the accused.
Any further questions about this are welcomed.
1. The police themselves may file a closure report u/S 169 Crpc with the magistrate, which the magistrate may accept or reject
2. The magistrate may quash the FIR, when the chargesheet is presented to him by the police, if he is of the opinion that No case has been made out against the accused.
3. The accused may approach the High Court u/S 482 Crpc to pray for quashing of the FIR.
In case of urgency, people often resort to the third option. This is also the only option where the accused has an active role to play. That is so because the High Court may be convinced to quash the FIR on the basis of a compromise reached between the parties or that the contents of the FIR do not disclose an offence or because the complaint has filed the FIR only to harrass the accused.
Any further questions about this are welcomed.
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Adv. Nikhil Sabharwal
Chandigarh | 25+ Answers
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You can file a quashing in high court and make the girls the respondent's. The court will ask the respondent's and if the court is satisfied then your fir would be quashed. For further query you can feel free to contact.
Regards
Ruchit Dugar
Advocate
Regards
Ruchit Dugar
Advocate
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Adv. Ruchit Dugar
Delhi | 25+ Answers
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Offences u/s 451, 506, 509 are compoundable. they can be compounded by magistrate. However, you must wait for the magistrate to accept the chargesheet as it is. Otherwise if the magistrate decides to add section 354 then high court is the only remedy. At present you should not approach high court.
Helpful?
25+
25+
Adv. Atul Guleria
Delhi | 25+ Answers
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