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Discuss about the case how to cancel the fir process of how many dayss


17-May-2023 (In Criminal Law)
If there is false fir under ipc307 and 309 how to cancel that fir husband has fired an false fir because his wife tried to committ suicide because pf mental torture
Answers (8)

Answer #1
850 votes
A proper petition has to be filed in the court for the quashing of FIR, for which help of a legal expert/ advocate is required. Once FIR is registered then it cannot be cancelled, procedure for the same have to be followed,the case can be closed by the Police by submitting the Final Report before the Court concerned
People also ask

Can FIR be removed?

Supreme Court or High court can quash an FIR that is frivolous and does not need to be pursued against the accused. The Apex Court must quash a case very carefully and sparingly. It has to consider many factors in order to quash an FIR.

When can FIR be closed?

Insufficient Evidence: The FIR may be closed if there is not enough evidence to back up the allegations. Witness Hostility : When witnesses become hostile or refuse testify, this can complicate the prosecution case and lead to the closing of the FIR. 30-Sept-2023

Can filed FIR be withdrawn?

Once a FIR is filed, it cannot be withdrawn. The Police (Law Enforcement), who have the power to dispose of a complaint, can convert it into a charge sheet or issue a "B" report. A court can also dismiss it. 28-Feb-2016

What is the power to quash FIR?

A court can quash a FIR when it determines that the criminal proceedings were maliciously initiated with the ulterior motive of seeking revenge or harming the accused due to personal grudge. 24-Jul-2023

  
Answer #2
879 votes
hello if there is false FIR registered against you then in order to cancel the fir what you can do is to file a question petition before the honorable High Court of the state and if it comes to like that the registration of FIR is frivolous and abuse of process of law it may be quashed by the honorable High Court

Answer #3
983 votes
hello tina ji hru
as ur saying tht your you want to cancel the fir which is been falsy implicated by side of husband.in this issue is wife had tried to commit sucide due too mental truma of the family .in this matter FIR can ve cancelled by high court but for tht we need to go through the full file properly then we can do the things which ur willing.
Answer #4
517 votes
Hello ma'am. I have perused your query. You can always move court and initiate proceedings for the quashing of the FIR. The court after considering the facts of the case will give necessary directions. Please feel free to reach out to me in case you wish to discuss the matter in more detail.
Answer #5
904 votes
Hi,
if the fir is false then you have to first of all contest the fir and seek bail in accordance with law.
You may initiate discharge application if the charges doesnt fit the facts of the case.

For more information feel free to have a word with us, all the very best.
Answer #6
956 votes
the fir is false or not depends on the facts and circumstances and is a matter of trial. you can go for quashing of fir which can take upto 6 months depending upon the reply of police officials and their investigation.
Answer #7
512 votes
Hi,

An FIR cannot be cancelled even though it may not based on facts. For that only the Court can direct after a chargesheet is filed or a closure of investigation is sought before a Magistrate’s court if there is no further need to investigate.

Highly unlikely that the police will file a false FIR. There has to be some attempt based on which the FIR was registered.

Do consult with me for details.
Answer #8
757 votes
Dear client,
There is false FIR, but case has been registered, by police against accused , which may be challenged if cognizance has been taken after chargesheet submitted by police.
Challenging FIR is almost impossible , unless there is strong legal fault .
you may discuss on legal points on my contact number, without going through FIR one can not say anything .
Thanks

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