Fir quashing under bns 74- regarding

582 votes

Thank you for your query. Since a complaint has been filed against you under Section 74 of the BNS (Bharatiya Nyaya Sanhita) and you have already been granted anticipatory bail by the Sessions Court, that's a positive first step. If you have witnesses and evidence supporting your innocence, then filing a petition for quashing the FIR under Section 482 CrPC (or its equivalent under the new procedural law) in the Gujarat High Court may be a good option.

Advocate Vanshika Pritmani LawRato

708 votes

The quashing of an FIR essentially depends upon the specific facts, allegations, and legal ingredients contained within the FIR itself. Every offence under law has certain essential ingredients which must be clearly and specifically stated in the FIR for it to disclose a prima facie case against the accused. If these necessary elements are absent, vague, or merely based on suspicion without supporting factual foundation, the FIR may not stand the test of scrutiny before the Hon’ble High Court in proceedings under Section 482 of the Code of Criminal Procedure, 1973, new Section 528 of the BNSS Therefore, the most prudent approach in such matters is to first carefully examine the FIR in its entirety. A thorough reading will help identify whether the allegations, even if taken at face value, actually constitute an offence under the relevant provisions of law. This process also allows one to assess whether the FIR suffers from contradictions, exaggerations, or is lodged with mala fide intent or ulterior motives. Only after this detailed examination can it be determined if there are adequate grounds to seek quashing. Without this analysis, any opinion would be speculative and incomplete. Hence, reading and analysing the FIR is the essential first step before advising upon the changes or grounds for quashing.

Advocate Teena P Bajaj LawRato

933 votes

Namste sir, What are you doing? On what basis she gave complaint against you ? in which police station? What is the FIR Number? You can file a petition for quashing the FIR in Hon'ble High Court of Gujarat. We will try our best to get order in your favour. For More Details Contact Adv Khevna Reshamwala

Advocate Khevna R Reshamwala LawRato

932 votes

yes..you can file quahing ..court gives relief and you can send the order of session court ..and you should file quahing before file chargesheet from police station.. because after chargesheet there is no helpful for quash the FIR ..so as soon possible you should file quahing before high court...

Advocate Priyanka Limbachiya LawRato

603 votes

first of all if you get the anticipated bail so it might be there that the court has feel that there is nothing which considered the offence if it and you should file a crazing petition before the High Court you should convince the High Court that no offence is made out w made in the FIR for that you should contact me

Advocate Saddamhussain LawRato