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FIR against son for misbehaving with police
04-Apr-2023 (In Criminal Law)
My son along with 2 others caught driving scooter in 3. Rs 50 Fined and receipt collected. As my son asks a question to ASI asking why you didn't have name plate? He started questioning are you my father to ask me my name and tend them to nearby police station and almost 10 to 15 police men chastised them. ASI filed and FIR with IPC 332, 323, 186, 504 and 114. Next day they bailed from police station. Same day in presence of me and PSI he confessed they have not anything except asking his name. After 2 days, the ASI realized his mistake and accepts against me that none of them even did mischief with him, but as the FIR is filed, only court will decide. I don't know what to do in this matter. And he will fully support there. He is retired now.
Sir
I need to see the entire FIR, since this is a bit complicated. As i understand here Police Officer will be the complainant, so being a public servant, he cannot give consent for quashing of the FIR. So in this event, Consent Quashing perhaps willl not be possible. However, if the charges are vague, then you can still file Quashing in High Court based on the ground that no cause is made out. So unless FIR is seen i cannot advise you the way out. Provide papers so can assist you accordingly
I need to see the entire FIR, since this is a bit complicated. As i understand here Police Officer will be the complainant, so being a public servant, he cannot give consent for quashing of the FIR. So in this event, Consent Quashing perhaps willl not be possible. However, if the charges are vague, then you can still file Quashing in High Court based on the ground that no cause is made out. So unless FIR is seen i cannot advise you the way out. Provide papers so can assist you accordingly
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Adv. Vivek Mapara
Ahmedabad | 100+ Answers
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