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GAUTAM ARYA   05 October 2018

Quashing of f.i.r

A false F.I.R was filed against my brother (who is a judicial services aspirant) by the neighbour due to family enmity and dispute over the property issues, though my brother was not there and was out of the town where we stay. F.I.R had extortion, simple hurt and theft charges against my brother. However, after tthe investigation by Investigating Officer, on the supervision report of Inspector and Dy.S.P., it was found that the no such incident ever happened and it was totally a false case. Therefore, a closure report was filed by the police in the Court. Now, the question is (1)should my brother go for quashing of such an F.I.R, in which a closure report has been filed by the police. (2) Or there is no requirement for quashing of such an F.I.R as the CLOSURE REPORT HAS ALREADY BEEN FILED BY THE POLICE. (3) what should be the best possible course in such a situation which would be best for my brother's career as a judicial services aspirant. (4) will such closure report will suffice to set him free of any such criminal charges in future or will it still be an impediment when it comes to police verification at a later stage? (5) Can based on such closure report, my brother can go for quashing of the F.I.R. in the High Court or is it not required at all? (6) if at this stage my brother goes for quashing of F.I.R, merely such closure report will suffice to get quashing done or besides such Closure report, it will also require personal presence and statement of Investigating Officer, Dy,SP and Inspector.


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 1 Replies

Siddharth Jain   06 October 2018

closure report has already been given by the police, the defacto complainant could have an option of filing a protest petition in court to challenge the closure report filed by the police.

you can file a petition for quashing FIR under section 482 of CrPC as just the closure report filed by the police would not suffice and the case can continue to linger on. entire criminal proceedings would be cancelled once you get a quashing order from the High Court.

For any other queries feel free to contact me at isidjain1@gmail.com

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