Quashing of fir u/s 354 ipc
Kapil Bhardwaj
(Querist) 27 July 2014
This query is : Resolved
Sir/Madam
I am Kapil and need your kind help in a matter. I shall be very grateful in any advice.
It was 2011 when my younger sister 'X' eloped and married to a guy. as she was a major police also didn't interfere and help us to find her. some time we got missed calls on our land line and on mobile phones from unknown nos. we continuously tried to call back on that no. but nobody picked or most of the times it found switched off. fortunately one day my younger sister managed to talk to us and started crying and told us she wants to come back.we then filed a case in district court of kidnapping and murder of my sister from the guy u/s 156(3). after that court summoned that guy and his family member to appear in the court with my sister. after their excuses and 3-4 date they brought my sister to court and The Honb'le Magistrate asked my sister where she wants to leave then straightaway she said 'with my father'. and she came back to my family.
later on she revealed to my mother, after some day she eloped, the guy with their parents and his elder brother started torturing her to bring money and for property owned by my father, and the marriage was registered to the registrar office where she never appeared. all the marriage documents were forged and made by some dalal and his elder brother.
After one month the guy file a case of HMA section 9 which was disposed off my the The Honb'le Magistrate. Then that guy along with his father and brother started threatening us on phone in odd hours and outside anywhere. My elder sister 'Y' also left her teaching job due to their fear.
To get rid of them and to take divorce we filed case of dowry and maintenance in court. One day on hearing of these cases in court both brother with 7-8 other guys attacked on me and broke my nose. on which police registered an FIR u/s 323/* IPC.
After some day the elder brother and his father early in the morning came in front of my house started abusing and offensive words to my sister 'Y' who was cleaning the home at gate. when she protested they caught her and tried to drag her. His father removed the Dupatta from her. on hearing the argument one lady neighbor came to interfere then they pushed and threatened her also. I was inside the house came out of the home then they ran away. I ran behind them, they threw bricks on me and escaped. in this matter police also registered an FIR in section 354 IPC against the father and elder brother of that guy.
on this in the court they became ready to give divorce and filed 1st motion. after six month before filing 2nd motion they put condition to quash all FIRs and cases we filed in court. because we wanted to get rid of them we all family members signed the documents with undertaking and took back all the cases in court and I quashed the FIR of 323 IPC in high court but the The Honb'le Magistrate in high court asked them to submit Rs. 50000 in Prime minister relief fund.
After this they didn't leave to following my sisters and passing comments on them. on the day of quashing FIR u/s 354 IPC when The Honb'le Magistrate asked my sister Y, whether she wants to quash this FIR then she requested The Honb'le Magistrate to ensure her safety as they are still following and pass filthy comments. after the quashing of FIR they can do more than this. The Honb'le Magistrate then said you have given undertaking in the court, you should thought the same before, in the mean time public prosecutor has informed The Honb'le Magistrate that these father & son are accused in seven more cases of attempt to murder, theft and kidnapping.Then The Honb'le Magistrate ordered the IO to file the status report of these father son and gave another date of hearing.
The status report was filed and the elder brother was found involved in kidnapping and father was involved in electricity theft and cases are under trial.
we have been called for next hearing.
after this that guy filed a case of contempt of court against my sister Y in the family court where undertaking was given and decree of divorce was given.
now sir/madam please help me whether in a case of 354 IPC can a guy forced a victim to quash the FIR on the basis of undertaking as it was not a case related to that guy with whom my sister X eloped nor related to my sister X ?
what decision The Honb'le Magistrate may take in this situation where the contempt of court has been filed ?
it is pertinent to mention here that the have also not deposited Rs. 50000/- to prime minister relief fund and appealed in Supreme Court for this.
ajay sethi
(Expert) 27 July 2014
1) whether any stay has been granted by SC against deposit of Rs 50,000 to PM relief fund . ?
2) once divorce has been granted based on your undertaking to with draw all cases the said undertaking would be binding on your sister
3) in the present case court has refused to quash the case as there are 7 other cases pending against the accused . in your defence you have to mention that court refused to quash on account of the fact that accused was an habitiual offender
. if her husband and in laws continue to threaten your sister record the threats and file fresh complaint against her ex husband
P. Venu
(Expert) 28 July 2014
A criminal offence can only be compounded, neither compromised nor settled.
However, there is an unhealthy practice (rather malpractice) prevalent in the parties deciding to settle (?) the issue through the process of the complainant disowning statement recorded by the police by falsely deposing in the witness box.
This is a perversity which would be harmful in the long run. It compromises the integrity of the judicial process and demoralizes the police force. Such bad ideas should never be allowed to be law or its procedure.
Kapil Bhardwaj
(Querist) 28 July 2014
Shree Ajay Sethi Jee and Shrew P Venu Jee
Grateful to you for replying on my query.
Ajay Jee yes supreme court has granted stay on the matter of depositing fund in prime minister relief fund in my case and summoned me.
In my sister case of 354 IPC the case of quashing still under trial in high court for next hearing in high court. No decision has been granted yet.
Shree Venue jee we don't want to quash the FIR. Unfortunately sister Y has signed on the undertaking before the megistrate. And today magistrate is going to order in the case of contempt of court.
Kindly help would it be go in our favor or the other.
ajay sethi
(Expert) 28 July 2014
wait for decisions to be passed bY HC in your sister case . wait for orders to be passed in contempt of court case . since you have already engaged lawyer to fight your case he will argue on your behalf .
Rajendra K Goyal
(Expert) 28 July 2014
Let the outcome of High Court and SC come. Proceed with your case as advised by your lawyer on the basis of your case file.
Kapil Bhardwaj
(Querist) 29 July 2014
what in that case if lower court magistrate pass any order of fine or something worst before the High court decision? what if my sister refuse to quash the FIR in high court?
T. Kalaiselvan, Advocate
(Expert) 29 July 2014
wait for the decision by the courts, do not jump into any conclusion before knowing what happens. Since the matter is to be decided now, let the court pass orders on the matters before it. You may consult your lawyer subsequently over the outcome.
Kapil Bhardwaj
(Querist) 26 August 2014
All Respected Experts
in my matter High Court gave the following decision:
This petition seeks quashing of the FIR which has been registered
on the complaint of respondent No. 2 under Sections 354/34 of the IPC.
Respondent No. 2 is present in Court. She states that the petitioners are
being stalking with her and a complaint has been made by her in the local
police.
This petition is not maintainable. Dismissed.
Today in the lower court where the contempt of court has been filed against my sister and the same court had given decree of divorce, the judge asked my lawyer to bring my father and me before him. I appeared on behalf of my sister where he asked me why your sister denied in the high court for quashing of FIR. I said the guy along with his brother still harassing her. then Judge said this is not my concern and i will cancel this decree of divorce of your younger sister if u will not take back this FIR. My lawyer requested the Judge to hear from my sister side , then he refused and said I am not interested to hear her. the only thing is to take back FIR otherwise I will cancel this decree of divorce. I requested the Judge and took one week time.
Sir please help me in this matter as it is totally a blackmailing and support to goons.
one more thing is pertinent to mention here that the same Judge has given Police protection to him more than one year knowing the fact that he is accused in two and more criminal case.
My sister has gone in depression and my father who is an asthma patient who can hardly walk 10 steps are completely broken.
Kapil Bhardwaj
(Querist) 26 August 2014
All Respected Experts
in my matter High Court gave the following decision:
This petition seeks quashing of the FIR which has been registered
on the complaint of respondent No. 2 under Sections 354/34 of the IPC.
Respondent No. 2 is present in Court. She states that the petitioners are
being stalking with her and a complaint has been made by her in the local
police.
This petition is not maintainable. Dismissed.
Today in the lower court where the contempt of court has been filed against my sister and the same court had given decree of divorce, the judge asked my lawyer to bring my father and me before him. I appeared on behalf of my sister where he asked me why your sister denied in the high court for quashing of FIR. I said the guy along with his brother still harassing her. then Judge said this is not my concern and i will cancel this decree of divorce of your younger sister if u will not take back this FIR. My lawyer requested the Judge to hear from my sister side , then he refused and said I am not interested to hear her. the only thing is to take back FIR otherwise I will cancel this decree of divorce. I requested the Judge and took one week time.
Sir please help me in this matter as it is totally a blackmailing and support to goons.
one more thing is pertinent to mention here that the same Judge has given Police protection to him more than one year knowing the fact that he is accused in two and more criminal case.
My sister has gone in depression and my father who is an asthma patient who can hardly walk 10 steps are completely broken.
P. Venu
(Expert) 27 August 2014
Bring the strange attitude and actions of the judge to the notice of the Guardian/Visiting Judge.
Kapil Bhardwaj
(Querist) 27 August 2014
Sir who is Guardian/Visiting Judge?
P. Venu
(Expert) 27 August 2014
There is a High Court who is assigned the superintendence of the functioning of the subordinate judiciary in each District. The information could be obtained from the High Court or its website.
