False fir filled

Querist : Anonymous (Querist) 27 November 2011 This query is : Resolved
a false FIR has been filed for a business related issue out of jurisdiction of the place of agreement even though the agreement has arbitration clause as per 1996

the charges are under IPC 420/ 120 B / 468/471 .
can we approach the High court under CRPC 482 /462 to quash the same on above grounds of jurisdiction & arbitration + lots of false allegations . any more ideas
SOS

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M/s. Y-not legal services (Expert) 27 November 2011
have you already enlarged on bail? if yes mean it is ok. otherwise first get a.b for your safety.. then you can think about quash..

if you have sufficient prove mean you can initiate quash proceedings.. just check whats the status of your case.. still if its in F.I.R stage mean we have to quash the impunged f.i.r, in case charge sheet filed mean we have to file petition for quash the impunged charge sheet..

V R SHROFF (Expert) 27 November 2011
If in Court, apply for discharge , even before charges are framed by court
u can approach HC for quash FIR & not to arrest you. if Police did not file case in court.

Rajeev Kumar (Expert) 27 November 2011
Agree with experts

Kiran Kumar (Expert) 27 November 2011
keep one thing in mind that the HC will not be taking any evidence on record, the basic thing the HC will consider is Whether there is an abuse of process of law? in this matter.

there have been number of judgments which set parameters for quashing a FIR.

so proper presentation of facts and the relevant law will guide your case before the Hon'ble HC.

Devajyoti Barman (Expert) 27 November 2011
Arbitration clause does not dispense with the criminal liability of a person.
So if you are thinking on that line, that is gone.
Though jurisdiction is a ground for quashing, in most cases the high court in stead of quashing it transfer the case to another court under which jurisdiction the crime is alleged to have been committed.

DEFENSE ADVOCATE.-firmaction@g (Expert) 27 November 2011
Once a FIR is filed all will depend on the report of AO, QUASH is not simple. You have to face trial. Yes you can seek transfer. But there are also you must have fool proof alibies.

Querist : Anonymous (Querist) 27 November 2011
Thank you experts for your advice in this case it is 1 week old FIR stage only charge sheet is not filed yet . we are in dilemma whether to file for AB or directly go for quashing as HC is an expensive affair . where can we get guidelines for quashing and here definitely abuse of law has taken place by giving money to police as the ingredients of the IPC charges are not met prima facie. with AB we still have to go to station to regularize the bail and police can still file another FIR and take the accused into custody plus AB has time limit .what to do and how to take a decision ???

Raj Kumar Makkad (Expert) 27 November 2011
You can seek AB in the light of subsequently given facts instead of going for quashing to HC.

Police cannot file another FIR for the same offence especially in such type of matters.

Kiran Kumar (Expert) 27 November 2011
better seek AB first...Quashing is a subsequent issue...

prabhakar singh (Expert) 27 November 2011
I agree with Mr. Kiran Kumar

Shonee Kapoor (Expert) 28 November 2011
1. Seek AB/ Bail.

2. Contact a good HC lawyer to see the probability of it quashing (Because it happens on strictly legal grounds)

3. Otherwise engage a good counsel and fight case on merits. In between if the case can be referred to Lok Adalat, seek full benefit of it.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

False fir filled

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