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Can Police file chargesheet knowing that accused has moved FIR quashin


30-Apr-2023 (In Criminal Law)
Matter relates to 498a FIR. The matter has been settled in mediation. Police was informed of the settlement well in time. Accused file Writ Petition in High court to quash FIR. Police appeared before High court and submitted status report. The high court adjourned the matter to next date (Reasons not known). In the mean time, police filed charge sheet in the matter. Is his act of filing chargesheet not illegal/ against the law knowing that the Writ is pending disposal by high court and shall be quashed on the next date ? Pls advice
Answers (3)

Answer #1
850 votes
there is no illegality on the part of the police in filing the chargesheet. you can of course take this cotention in your quashing proceedings that the act of filing the chargesheet when mediation has already concluded was bad on the part of the police. the court might consider it.
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Answer #2
857 votes
Hello, this is Advocate Anupam Kumar Mishra.
I received an enquiry from you for your legal issue. Please let me know how can I help you. I handle all types of cases in all courts of Delhi. We provide most customised and reliable legal solutions as per your needs and requirements. Feel free to contact me for a free case evaluation and an appointment for a face to face discussion.
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(Advocate).
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Answer #3
941 votes
No, it is not illegal. The police is supposed to carry on and finish investigation as per crpc until the fir is quashed. You'll only need to apprise the court that CS has been subsequently filed.

It'll be quashed irrespective of the chargesheet being filed. Now your final order will say FIR, CS and all pending proceedings arising therefrom are quashed even though you may have initially only filed for quashing of FIR
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