Property found after FIR quashed, can it be issue again?

778 votes

no because your property is in disputed nature you have to take a NOC from another party who handed over the property to you . and when he wrote everything things then your title is clear then you are not facing any issue regarding property sir if you need any assistance feel free to contact me

Advocate Sakshi Mishra LawRato

526 votes

Hi there, in general the police try to mediate the matter but for that you'll have to show them the settlement agreement. If you have a settlement agreement between the first two parties then based on that the third person can give property to the rightful owner. However, it's advisable to contact me and provide more details regarding the settlement terms to assist you better.

Advocate Ishan Parashar LawRato

758 votes

seems that the third person was holding property which was not belonging to him. The best course would be to return the property to the rightful owner. if deposited with police the police can initiate fresh action.

Advocate Kunal Seth LawRato

619 votes

If the FIR has already been cancelled or closed after settlement between the parties, the matter is generally treated as concluded so far as that particular complaint is concerned. The police normally do not reopen a closed FIR unless a court directs further investigation or new material evidence emerges that shows a different offence. If a third relative later comes into possession of the movable property and is concerned about potential allegations, he may voluntarily approach the police and explain the circumstances under which the property came to him. If he produces the property and states that it was given to him by one of the parties earlier, the police may record his statement or keep the property temporarily for verification, but this does not automatically revive the earlier FIR. However, if any of the original parties again makes a complaint alleging theft, misappropriation, or concealment of property, the police may examine the facts and decide whether a fresh complaint or investigation is required based on the new allegations. In such a situation, the earlier settlement and closure of the FIR would be an important defence. As a precaution, the third person should keep any proof or communication showing how the property was received, and if necessary, he may also record a written statement with the police explaining the facts. This helps create transparency and reduces the risk of later allegations.

Advocate Yuganshu Sharma LawRato

574 votes

If a third relative is in possession of the movable property and fears a complaint, he may approach the police station and voluntarily inform them about the possession and the circumstances in which the property was given to him. He may also deposit the property with the police through a written application to avoid future allegations of dishonest possession. If any fresh allegation arises, the police may register a new complaint only if the facts disclose a new cognizable offence.

Advocate Akshay Kumar LawRato