False harassment charges by female constable & false FIR filed

my relative who is in police has been falsely accused of harrasment under sec354 by female constable .. but now she has compomised but the SP is not ready for amicable solution . SP has without any hearing any evidence charged that police officer FIR ,who has got sarahniya sewa samman and rashtrapati medal and tried to defame that police officer wat action can be taken against that SP and constable for conspiring and defaming that police on false ground of sexual harrasment and not followed vishaka guidelines properly while enquiring that case . Can FIR under IPC 354 can be quashed in high court and on what grounds what is the solution for amicable compromise??

Answers (3)

292 votes

Dear Client,
In order to make any remark upon the grounds available for quashing the FIR, it is better to go through all the evidence and the FIR will be Quashed in High Court and subsequently a further plea will be made to question as to what were the conditions under which the S.P has framed the decorated officer. If you need any further legal assistance for the same feel free to contact.
Tushar Bahadur,
High Court Lucknow.

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229 votes

As for as an offence under section 354 IPC is concerned it is cognizable and Non-bailable. But is a compounding offence to which the complainant can respond in a positive manner to enter an amicable settlement.
Then the sanction of state under 197 cr.pc. shall also be required before investigating the case and filing a charge-sheet.
As the FIR is concerned court can pass an order staying the arrest of the accused\petitioner.
In case of SP no action can be taken upon ground that he is not letting the parties to arrive an amicable settlement.
Albeit complaint within department to higher authorities can be made.

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193 votes

Yes, FIR can be quahed by the high court, but on which ground it can only be said after reading fir and statement of the victim. We have to find out the things which shows that it was a false case of harassment. You can also complain about the conduct of sp to your superior officers.
For more better advice, I need all the detail.

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