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Quashing of this case is posible if yes please guide.


29-Oct-2023 (In Criminal Law)
By profession i m journalist, three years ago I publish one news article against a call center running person. He didn' gave salary to his office staff. After publishing news instead of him, one another person came to my office and started using bad words At that moment i grab him and took him to the police station in my friend car. Now the main thing is that Our local police station is in west but i took him in east police station. The Police officer didnt entertain both of us and just took one NC which was also not that much powerfull. After that two days later i got a call from local police station west side. The above person gave Kidnaping case there and from that that I abscond to apply for bail. Before applying for bail police arrested me from different state. Later on i got bail from court. its almost 3 years gone, now i want to finish that case. The charge sheet is in the court. I took mobile and camera by fileOMA.They charged me for Extortion, Kidnaping. Can i quash this case?
Answers (3)

Answer #1
926 votes
Yes, the Criminal Proceedings which are pending against you under the charges of Extortion & Kidnapping can be quashed. It doesn't matter whether the Chargesheet has been filed against you or not - What matters is that whether you were falsely implicated or not? - Whether these criminal proceedings initiated against you have originated from a civil case between the parties or not? - Whether a Criminal Case was filed against you in sheer frustration and to take revenge from you, to build pressure upon you for taking a correct legal and moral stand against the opposite party in a similar case or in a different case or not? If the answer of above questions is positive, in absolute 'yes', I can get FIR & Chargesheet quashed against you under Sec 482 of CRPC. It'll be closing your case for once and all by taking you out of all legal troubles.
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

LawRato Mumbai | 1000+ Answers
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Answer #2
546 votes
Possibility of Quashing of this FIR and Chargesheet is very low as almost 3 years have past and Chargesheet is also filed. Failure in quashing your FIR may affect your trial as well because observation of the High Court can go against you. You can file a discharge application in the trial court to prove your innocence.
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Advocate Hasrat Khan Pathan

Adv. Hasrat Khan Pathan

LawRatoAurangabad, Maharashtra | 25+ Answers
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Answer #3
788 votes
there are many factors to be considered for the quashing of the case. nobody can give proper legal advise and opinion only on the basis of the few facts and without reading the case papers. only after reading the case papers, proper advise and opinion can be given on the quashing
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Advocate Namitabh Kothari

Adv. Namitabh Kothari

LawRatoMumbai | 25+ Answers
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