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False FIR lodged u/s 377&328; IPC against my son by his male friend
04-Mar-2023 (In Criminal Law)
My son was living away from home and was traveling back on the day the FIR was lodged. The complainant says that he was sexually assaulted by my son under the influence of drugs. He also says that only on the day of the complaint he realised that he was continuously being assaulted since the past year under the influence of some drugs. MLC says insertion of penis cannot be ruled out. However no injury was reported on the private parts of my son. He was arrested and has now been granted bail.The registered FIR is baseless and the charges false. The evidence is in our favor. Can we appeal for quashing of FIR or the case itself. What is the way out?
When did the FIR register. Whether the chargesheet is filed. If the charges have not been framed then we can on the basis of material on record argue on the point of charge itself before moving to HC for quaahing. Entire facts have to arcertained before a strategy be adopted.
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You can file a petition for quashing of FIR u/482 crpc in the high court and you can also move an application seeking discharge if all the evidences are in your favour. Whatever is stated by you is matter of trial. You can call me for further advice
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Adv. Ankit Khanna
Delhi | 25+ Answers
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Hello
FIR could only be quashed by the high court only on request of the complaint. There must be some reasons to withdraw the complaint. You can talk to me for better advise. need the details of fir and chargeheet
FIR could only be quashed by the high court only on request of the complaint. There must be some reasons to withdraw the complaint. You can talk to me for better advise. need the details of fir and chargeheet
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Adv. Naresh Kumar
Delhi | 100+ Answers
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whether the incident, upon which the FIR is registered, is of the day your son was travelling back or the date of incident is prior or different ??
if it is of the same day on which your son was travelling then yes you can go for quashing of FIR in High Court. if your son was not present on the date of occurrence of incident then yes you can get your FIR quashed.
if it is of the same day on which your son was travelling then yes you can go for quashing of FIR in High Court. if your son was not present on the date of occurrence of incident then yes you can get your FIR quashed.
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Adv. Akshay Kumar Verma
Delhi | 25+ Answers
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since the case is of serious/heinous crime courts are usually not inclined to quash the fir or the case. In my opinion there would be no use going for quashing rather argue on charge and get ur son discharged. you can challenge the framing of charge before higher courts if its against you.
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Adv. Gaurav Malhotra
Delhi | 25+ Answers
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