Quashing of FIR
03-Oct-2023 (In Criminal Law)
The following are the charges against Mr. X : 1. He is a teacher. 2. His colleagues i.e. 05 teachers [A, B ,C ,D ,and E] have alleged [via 161 statements] that a minor girl called Ms. Z had told them that her teacher Mr. X had molested her in a running car en route home. So they asked her to write about it in a paper. She did so, but her father took away the complaint from the teachers immediately. Since then, Ms. Z and her parents have been repeatedly maintaining that she had neither been molested by the said teacher nor had she given any written complaint to any teacher. Further, the girl’s father had complained to his higher authorities [who are also the members of the School Managing Committee] about the Principal compelling him to give a complaint against the teacher. 3. His students [F, G, H, I via 161 statements] have complained that they had heard about the above-mentioned incident. 4. Another 3 students [J, K, L via 161 statements] have brought allegations of harassmen
For quashing of FIR criteria is entirely different. As per the land mark judgement of the supreme court case tittle as state of haryana vs bhajan lala, the honble supreme court has laid down 7 principles for quashing of fir
well you are asking for quashing of fir on the ground nil you hve to show me the entire case so that i can suggest you accordindly in queshing the fir it is a fact whether the comlaint is ready to coopreate with the accosed or not you can cotact me
The Question is vague and not specific. However it is clarified here that statements before a police officer u/s 161 Cr.P.C., have no evidentiary value unless the same is converted to statement u/s 164 Cr.P.C., before a magistrate. Moreover since the girl herself has withdrawn her complaint and now she is saying that she has not been molested, then the complaint has become infructuous. However, in order to rule out any possibility of undue pressure upon her from her father etc., the local police should take her to a magistrate and get her statement recorded under section 164 Cr.P.C., and if before the magistrate she admits the incident of molestation then certainly an offence is made out and Mr. X is liable for prosecution.
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