Ipc 353 has been maliciousely imposed...remedy

607 votes

Dear Client,

Yes you can compromise this matter in the court and filed quashing of FR in the court. Or else you can directly file the quashing of FIR in the High court. Dear client for more clarification u can contact me and I m happy to help u

Advocate Mudassar Khan LawRato

729 votes

From examining all the facts of your query I want to say that-
These cases are very common in India. Now, since the 2nd party is ready to compromise then you need to file a Quashing Petition in High Court. As per law, you cannot cancel the FIR in Police Station or in Sp office. The High Court has inherent power to quash/null/declare invalid the criminal proceedings even in those cases which are not compoundable, where the parties have settled the matter between themselves. However, this power is to be exercised sparingly and with caution. Please understand that while deciding whether to exercise its power under Section 482 of the Code of criminal procedure or not, timings of settlement play a crucial role. Those cases where the settlement is arrived at immediately after the alleged commission of offence and the matter is still under investigation, the High Court may be liberal in accepting the settlement to quash the criminal proceedings/investigation. You may contact my assistant to connect with me for clarification. I will help you.

Advocate Gopal Verma LawRato

930 votes

In this regard, I advice you to file for quashing petition thereby relying upon the compromise which you have arrived at. It’s necessary, as otherwise you will be named in the category of people having criminal antecedent. Therefore I advice you to get the wishing of the said FIR thereby mentioning that said FIR was by mistake lodged as against the Petitioner owing to some misunderstanding. For further clarification, please contact.

Advocate Ujjwal Jain LawRato