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SEC 365, 367, 368, 420 IPC Quashing
08-Jun-2023 (In Criminal Law)
Hello,nAn FIR is filed for forgery. The fact of the case is.....A person I know forged signature of someone else, but he did so to finish some work on time, as there was deadline.No wrongful loss or wrongful gain is there. Mens Rea is also not there as the person who forged the signature got nothing from this entire thing. nThe person who made the payment was supposed to make the payment and the person who received the payment was also the person who was supposed to receive the payment. nThere is no wrongful loss or wrongful gain to anyone, just the signatures are forged. So can we get this FIR quashed? What will be the procedure? Can trial court quash this FIR?nnIf you have any idea, please share your contact number if you are practicing in Delhi.
FIR quashing is the petition filed before High Court for quashing the FIR and all related proceedings against the accused. An FIR an be quashed by the High Court if the Court is satisfied that the accused is falsely implicated and FIR is bogus and frivolous.
Trial court does not have power to quash an FIR.
Trial court does not have power to quash an FIR.
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Adv. Kunal Seth
Delhi | 500+ Answers
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The FIR can only be quashed by the High Court of Delhi. The trial court don’t have jurisdiction to quash any FIR. And if it’s proven fact that there was no wrongful loss or gain to anyone then it will be quashed in no time. For more legal assistance I am just a call away.
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Adv. Jitender Singh
Delhi | 500+ Answers
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hello client as i can see your issue . in this matter the facts you have described in your query is not full facts of the case . you need to tell us the full facts of your case so tht the FIr can be quashed or not.
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Adv. Vishwanath Pratap Singh
Delhi | 500+ Answers
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Yes quashing can be filed on the grounds mentioned above. If there is no intention to do any wrongful gain or loss to the other party, we can pray for quashing of the FIR. Quashing can only be filed in the high court. For any further legal assistance please feel free to contact
Thanks
Thanks
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Adv. Bhawana Pandey
Delhi | 500+ Answers
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Yes this fir can be quashed .. Quashing can be done on merits or on the basis of compromise. On merits it’s only possible if you have conclusive evidences in your defence.
We need more facts ..to process your 482
We need more facts ..to process your 482
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Adv. D. Khan
Delhi | 500+ Answers
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