tk 31 March 2015

420 case

Hello experts, I need some urgent help here.. a known person of mine filled an 420 FIR against me in my absence as i owed him some money and he could not reach me. Now he realized that it was a misunderstanding between us as there was no intension of cheating to begin with. We want to settle the matter mutually but the issue is he lives in Delhi and I'm in USA at the moment and neither of us have the correct knowledge of how to properly go about canceling the registered FIR. A step by step help from you experts would help me a great deal. Thanks in advance.

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8 Replies

SAINATH DEVALLA (LEGAL CONSULTANT) 31 March 2015

What is the present status of the FIR

tk 31 March 2015

I'm not sure about the status but my best guess would be that it is still under investigation.. it was filled on 3rd may.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 31 March 2015

Offence u/s 420 IPC is non bailable and attract imprisonment up to 7 years. U contest the case on the basis of that receipt and go the High Court for quashing of FIR.

tk 31 March 2015

The issue is that i'm not in india.. can the person who filled the complaint quash the FIR without me having to come back to india?

SAINATH DEVALLA (LEGAL CONSULTANT) 31 March 2015

No it is not possible for someone to get it quashed

richardjohnson 31 March 2015

Once an FIR has been filed the police are legally bound to start investigating the case. Once the investigation has been concluded the police will record all their findings in a ‘Challan’ or charge sheet. If it is deemed that there is enough proof on the charge sheet the case goes to court.

On the flip side, after their investigations if the police conclude that there is not enough evidence or proof that a crime has been committed, they can close the case after justifying their reasons in court. If the police decide to close the case, they are bound to inform the person who filed the FIR of their decision.

T. Kalaiselvan, Advocate (Advocate) 03 April 2015

First of all clarify and confirm the stage and status of FIR including the crime number in FIR. For this you engage an advocate over phone in the place of the police station, enquire the details and decide about the actions to be taken accordingly.

Dipakkumar J Shah (Chartered Accountant) 08 June 2015

I had once filed case 420. Hon. Judge ordered for Inquiry from police.But it was not sent to Police for inquiry for 3 years. One daring lady Judge asked me the reason for late filing the case!!!! I also stated the reasons with all prooof and documents. I also cited one important case of Hon. SUpreme Court of Justice Mr. M P Thakkr. Hon. Judge said that it a case of Land Acquisition . It can not be applicable. I also stated fully the parameters laid down by Hon. SUpreme Court Justice Mr. M P Thakkar that first delay should be condoned and the matter may be decidd on merits???

Not considered at all and didmissed the Case without proving from Inquiry through Police.

Quality Judgment!!! Who should look in to the matter? Appeal and appeal till you die?
Even Hon. High Court Gujarat had been intimated such practices leveled at Lower Courts.!! No reply.

Shah D J