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Quashing Of An Fir Before Filing Charge Sheet


04-Sep-2023 (In Criminal Law)
A False Dishonest Fir U/S 294(B), 324 5-5(1) Has Been Filed Without Any Prima Facie Evidence. The Complainant, A Building Mestry Has Stated That Myself, My Wife And Son Have Uttered Inaudible Bad Words, Threw Stones On Them Causing Invisible Wounds Without Any Bloodshed And Threatened Them Saying We Will Kill Them. The Compliant Is Not Supported By Any Eye Witness Evidence. They Have Shown In The Police Station Cell Phone Recording Of Our Voice Only(Deleting Their Voices) Based On Which Fir Lodged. Can I Quash Such False Fir?<!--EndFragment-->
Answers (2)

Answer #1
883 votes
yes you can file a quashing petition under section 482 of Crpc which give the Hon'ble High Court the jurisdiction to quash the FIR filed against you. it is the court to decide in cases where the matter is settled or a compromise has been reached then it is easier to get it quashed. but here the court needs to check the facts and if the court is convinced then only quashing shall be done
Answer #2
689 votes
Sir,
Quashment of FIR is possible only when it does not prima facie make out a case or it depicts any issues that are civil in nature. All other truth will be revealed only through proper investigation. Your querry cannot be answered in affirmative.

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