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What is the procedure of quashing of FIR
24-Sep-2023 (In Criminal Law)
Sir,my daughter and my wife travel from A to B.they are traveling ac-3 tier one of the co passenger consumed liqure and when my daughter go to bathroom he follow her and try to touch my daughter.A statement given my daughter for this regard incident and railway police enquery the matter and accused passenger removed from the train.My daughter is 19 years old she is studying under graduate course. she herself and as a parrents we are not at all interested to carry the case.now investigatig officer asking a statement from my daughter for chargesheted the accused person.we are not at all interested the matter as she is studying and we are not want to distrub.for this context please give me advice what is my next course of action.
In your case both parties may compromise the matter between them and jointly file a quashing petition before the concerned high court seeking quashing of the FIR. If the high court is satisfied it may allow your petition and the case would then stand closed
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Hi,
You need to understand that after initiating a criminal case upon anyone, it becomes a state case. Your daughter can do two ways. Firstly, she can depose the statement before the police and then court or else Secondly, she can avoid it. To your dismay, if you approach the second method, then you shall be called upon again and again.
To Quash the matter, you can approach the accused person and file a petition before the Hon'ble High Court to quash the proceedings.
For more information, feel free to have a word with me.
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Adv. Sahej Uban
Delhi | 700+ Answers
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Let the accused approach you and ask him for the compromise and your daughter will have to go to the court first and give her statement that she does not want to pursue the matter if the matter is not compoundable ( no compromise allowed she will have to come to high court for quashing call 8860070030
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Adv. Amit Kocher
Delhi | 25+ Answers
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How someone can suggest without FIR and chargesheet (if filed by I.O.). As far as quashing is concerned that also depend on actual position of law as of now and facts & circumstances of the case. Kindly contact your lawyer else contact me through lawrato.
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Adv. Atul Kumar
Delhi | 25+ Answers
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Your daughter may give statement to the Investigation officer in this regard that she does not wish to follow up the complaint as it would hamper her education and due to time constraints. Although the Court has got power to even summon the complainant to come before the Court if he/she does not appears. Better Course would be to give statement to the IO and then appear before the court and ask for the exemption from appearance in the Court hearing unless specifically required stating reasons.
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Adv. Muzammil
Delhi | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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