Quashing of FIR in a criminal case against my ex-employer

603 votes

If there is a chargesheet file a quashing case in high court and if there's no chargesheet filed yet file a Criminal Writ challenging the FIR as soon as possible Additionally Remedies available - Anticipatory Bail and then wait for Chargesheet and then go for a Quashing case in high court

Advocate Aakash Sharma LawRato

981 votes

Since you were merely an employee representing the company and have left the organization two years ago, you can approach the High Court to file a petition for Quashing of the FIR against you, provided there is no evidence of personal criminal intent or fraud on your part. Generally, in cases involving corporate disputes, an employee cannot be held personally liable for the company’s actions unless a specific role in the alleged crime is proven. If a chargesheet has already been filed, you can move a Discharge Application in the trial court, arguing that there is no sufficient ground to proceed against you individually. You should immediately collect your resignation and relieving letters to prove you were no longer with the company during the relevant period of the dispute (if applicable) and consult a lawyer to evaluate the merits of a Quashing Petition.

Advocate Manish Mishra LawRato

726 votes

You can go through high court for revision and qashing FIR or remove of your name from that chargesheet. first you can file application in session court then after go through revision in high court. it has limited time to file petion.

Advocate Sangeeta Rai LawRato

511 votes

you should directly come to the High court. and challenge this First information report, the court can grant a stay on the FIR. after securing the stay, you don't have to go to the Court to attend dates.

Advocate Ajay Kumar Kashyap LawRato

973 votes

if chargsheet has not been filed in this matter then you can move to high court for quashing of the f. i. r. and if chargsheet has been filed then you can move to high court to challenge that and for more detail you can contact me then i can help you in better way.

Advocate Ankit Singh LawRato

533 votes

This is not a routine problem and you should not continue handling it casually, because your personal liberty, time, and future record are at stake. Please understand the situation clearly: You have been named in an FIR only because you were representing the company at that time. You left the company 2 years ago, yet you are still being dragged to court, taking leave, and spending money — without any legal or financial support from the ex-employer. This is unfair and legally unsustainable if handled correctly. What risks you are currently facing If you keep attending court without taking corrective legal steps: You may remain permanently arrayed as an accused Repeated absence can lead to coercive orders Your future employment, travel, and background checks can get affected The company will quietly shift the entire burden on you Many people assume “truth will come out later.” That is a dangerous assumption. What remedies actually exist (most people do not use them properly) There are legal remedies to: Seek discharge / deletion of your name Show that you were only an employee/representative, not decision-maker Shift liability back to the company and its directors Stop unnecessary court appearances Protect yourself from future harassment in the case But these remedies do not work automatically. They require proper drafting, timing, and forum selection. A wrong step can make the court believe you are avoiding proceedings. About compensation from ex-employer Legally, the company cannot wash its hands off if you are facing criminal proceedings solely due to acts done in the course of employment. There are ways to: Put formal legal pressure on the company Create a record fixing responsibility on them Use this strategically in court proceedings Again, this must be done carefully. An emotional or informal approach backfires. Important warning Do not file random applications or stop appearing suddenly. That is how warrants and serious trouble start. Your case needs a clear exit strategy, not piecemeal steps. If you want, I can: Examine the FIR and your role Tell you whether your name can be removed and how Decide the correct remedy (discharge / quashing / exemption / protection) Plan a way so you stop losing time and peace of mind This requires a proper legal consultation, because one wrong move here can affect your career permanently. If you want to proceed safely, you should contact me and we will handle this professionally.

Advocate Vaibhav Sangam Mishra LawRato