Procedure for quashing of FIR in case moving to abroad


Dear sir, I need your help in a case. I have filed a FIR against a person in Ujjain ( MP) Under section 294, 323 and 506 of CRPC. This FIR i have lodged 7 months back. Within This time frame I have not received any summons from Court against this case. I have made Enquiry at the concerned police station in Ujjain through some of the sources and found that they have sent the challan to the local court at Ujjain. I want to seek advice from your end in this context. I am planning to move abroad within this month on a employment contract and do not want any stress of going to court for this case as and when summons come to me. Practically it is not possible for me to come from overseas for this case. Since I am a complainant and want to withdraw my case against the accused. I want to quash my FIR. please provide your directions that how should i proceed further. As one of my friend has told me to quash the FIR from Indore High Court. Please advice on the same.

Answers (2)


82 votes

आपकी समस्या का निराकरण यह है कि आप स्थानीय अदालत में उपस्थित होकर एक अर्जेंट सुनवाई का आवेदन लगा कर के अभियुक्त के साथ राजीनामा कर न्यायालय से यह राजीनामा की अनुमति लेकर राजीनामा कर सकते हैं और अपने प्रकरण का निराकरण करा सकते हैं


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52 votes

I go through your query sincerely and I would like to tell you that above-mentioned offences enumerated under Indian penal code are compoundable or comprises can be done except s. 294. So best of options you have available is u move an application u/s. 320 (2) of Cr. P. C. for withdrew of ur F. I . R. before trial court and if trial court doesn't allows your application then u can come to high Court for quashment. The reason why I suggesting is that high Court didn't entertain your direct quashment application when there is remedy available.

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