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How to quash an FIR filed by my girlfriend
03-Jun-2023 (In Criminal Law)
My girlfriend lodged a criminal complaint having sexual relationship on the basis of false promise of marriage in October 2017 and we had love affair for almost 3 months before she lodged the complaint and I got anticipatory bail in November 2017 and she tried to contact me through social media and said I really apologize for whatever happened and I want withdraw the complaint and we both will get married but I didn't gave her any commitment for same and from January 2018 till date we are in love affair with each other and till now chargesheet hasn't come. We both had planned for quashing of FIR so please guide how I can go forward for quashing and does it gives positive outcome or should I go for discharge application..Which will be good for me..I am little bit confused whether to go for quashing of FIR or discharge application..
Dear friend
The legal remedy for you is causing of FIR under section 482 of CRPC. As the charge sheet is not filed you have the remedy to go to the high court and apply for quashing of FIR by mutual consent. You cannot go for discharge as the charge sheet it is not filed. Even if the charge sheet is filed I would not advise discharge under section 227 of CrPC as it takes long time and discharge cannot be filed by mutual consent you will have to go on merit.
For quashing in the high court by mutual consent it will hardly take 2 weeks and your work will be done but you will require the consent and presence of both the accused and the complainant.
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Adv. Ashish Baraskar
Mumbai | 25+ Answers
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As you mentioned chargesheet hasn’t been filed yet therefore the option of going for discharge is not there for you. Quashing is the best remedy as of now but you’ll have to be specific as to why your girlfriend/Complainant wants to quash the FIR. High Court might impose some fine on your girlfriend/Complainant for registering false FIR. Just mention in you quashing application that it all happened in the fit of anger so and so forth.
Discharge Application can only be preferred after filing of Chargesheet and in cases under Sec. 376 it very unlikely to get discharged.
Therefore I advise you to go for quashing ASAP.
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Adv. Apoorv Srivastava
Mumbai | 25+ Answers
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