Case has been filed under false sexual harassment

945 votes

hello depaish
as i have read ur issue its very serious as ur saying tht you have not taken anticaptory bail till now on view of compromise.but theIO of the case is still asking you tht you have to go police . in this matter you need to move to the quashing of FIR before tht you need to appear before police and even can arrest you.

Advocate Vishwanath Pratap Singh LawRato

548 votes

case registered under ipc 354B as this incident didnt took place ... or direction of bail.you can file for anticipatory bail in lower court.If FIR has been registered but no arrest made) immediately move an Application for anticipatory Bail. (If you're freed on bail but investigation

Advocate Jaitegan Singh Khurana LawRato

898 votes

You should appear before the IO and assure him that you will cooperate in the investigation and also inform him that a settlement has been reached between you and the complainant. After, the compromise move a petition under 482 CrPc before high court for quashing the FIR.

Advocate Junaid Ali Khan LawRato

745 votes

you will have to take anticipatory bail first as once FIR is registered it can be quashed only from the High court and police or magistrate has no power to quash it. so dont rely on police and first take the anticipatory bail from the concerned court then only go for settelment or compromise otherwise you will may be fooled by the complainant and get yourself arrested. for further advice you need to personally come to my office with all the relevant documents.

Advocate Brajesh Kumar LawRato

716 votes

Hi,
you have to take anticipatory bail in this regard. Remember that yours is a state case. The state is prosecuting the case against you. Furnish anticipatory bail and further enlighten the MM that the case is at the stage of settlement.
For more information feel free to have a word with us, all the very best.

Advocate Sahej Uban LawRato

734 votes

The offence under Section 354 IPC was compoundable prior to the year of 2009, however the Cr.P.C was amended thereafter. Now even if the opposite party is willing to settle , you will have to file a petition under 482 Cr.P.C before the High Court for quashing of the charges on the basis of the compromise. If the High Court, in its discretion, depending on the facts and circumstances of the case, agrees to do so, then the case can be quashed on the basis of the compromise. Generally, the High Court may agree if it finds that the compromise is genuine and under threat etc., but it is not guaranteed it will agree in every such case and will depend on the seriousness of the allegations that you are not a threat to other members in society.

Do feel free to touch base for further clarifications.

Advocate Anuj Nair LawRato

889 votes

Query perused. I would advise you to file an application seeking anticipatory bail at the earliest possible to safeguard you from arrest. It is a non bailable and cognizable offence. Settlement will not vitiate the offence. It's a state matter. Once settlement is arrived FIR can be quashed by the High Court.

Advocate Anubhav Kathuria LawRato