Advocate Aditi Vashistha

Questions Answered by Advocate Aditi Vashistha

Q: Quashing of FIR for BNS109 in case of Juvinile

i want to know about bail and quashing of FIR in case of BNS 109 for Juvenile after compromising between the partise

Advocate Aditi Vashistha answered
In a case under Section 109 BNS involving a juvenile, you can file an bail application under Section 12 of the Juvenile Justice Act, 2015 and is generally granted unless release is likely to expose the child to danger or defeat the ends of justice.After a genuine compromise between the parties, the High Court can quash the FIR by exercising its inherent powers.1. File a petition before the High Court seeking quashing of FIR under its inherent powers.2.Attach the compromise/settlement deed duly signed by the parties.Implead the State and complainant as respondents.3.Court may direct parties to verify the compromise before the Trial Court/Illaqa Magistrate or JJ Board.4.After verification and considering the nature of offence, role of the juvenile, and genuineness of settlement, the High Court may quash the FIR and all consequential proceedings.

Q: Our relative farmers revolutionary was falsly impllocated in pocso st

arrested without intimation of arrest in absolutely false st sc pocso case, in political nexus of police. We have evidence of cctv that he was present at home at the time of offence alleged done. The father of girl child gave two different statement in news that he was present, next statement he gave that he was not present three boys came to kidnap a girl who was known to one of boys. But in FIR the statement are entirely different, no time and date of offense alleged, arrest made jr remand

Advocate Aditi Vashistha answered
The accused can file a bail application along with supporting evidence and documents, clearly mentioning the grounds of bail, including the contradictory statements made by the complainant and other witnesses.