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Regarding cancellation of FIR of case under ipc section 308/34
29-Jun-2023 (In Criminal Law)
What is the procedure for cancellation of case under ipc 308/34??
When chargesheet is not filed.
And compromise has been done between both the parties.
Hello sir i have perused your query. In these circumstances you have an option of filing a petition under section 482 of CRPC for quashing of FIR in a competent court of law. For further information feel free to contact me. Thank you.
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Adv. Love Kumar Soni
Goa | 200+ Answers
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Can FIR be removed?
Supreme Court or High court can quash an FIR that is frivolous and does not need to be pursued against the accused. The Apex Court must quash a case very carefully and sparingly. It has to consider many factors in order to quash an FIR.
What is the power to quash FIR?
A court can quash a FIR when it determines that the criminal proceedings were maliciously initiated with the ulterior motive of seeking revenge or harming the accused due to personal grudge. 24-Jul-2023
When can FIR be closed?
Insufficient Evidence: The FIR may be closed if there is not enough evidence to back up the allegations. Witness Hostility : When witnesses become hostile or refuse testify, this can complicate the prosecution case and lead to the closing of the FIR. 30-Sept-2023
Can filed FIR be withdrawn?
Once a FIR is filed, it cannot be withdrawn. The Police (Law Enforcement), who have the power to dispose of a complaint, can convert it into a charge sheet or issue a "B" report. A court can also dismiss it. 28-Feb-2016
I have perused your query. I would advise you to file a petition under section 482 of CRPC for quashing of FIR in the concerned High Court. You have to sought the leave of the Court by filing the petition. For further information feel free to contact us.
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Adv. Anubhav Kathuria
Delhi | 500+ Answers
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hello client the fir cancellation can be done byt the process for which is triugh high court only. in district there is no process for cancellation of the fir. innur case the cancellation of fir can only be done by high court only.
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Adv. Vishwanath Pratap Singh
Delhi | 500+ Answers
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