Quashing of FIR

Querist : Anonymous (Querist) 26 September 2010 This query is : Resolved
An FIR has been filed on 08.08.2009. No incriminating evidences have been submitted in support of the complaint except statements u/s 161. In fact, the complaint is false. Accused has not been enquired by anybody. Charge Sheet has been filed in the Court on 9.8.2010 and it is admitted on 14.9.2010 and posted to 14.12.2010 as per the unofficial information gathered. The complainant has not initiated disciplinary proceeding yet, and not paying the subsistence allowance for the past 7 months inspite of regular submission of relevant certificate. While Complainant (employer's) rule says that the entire Disciplinary Proceedings would become invalid in case of non-payment of subsistence allowance. In this circumstanced, can FIR be quashed? The accused has not been served with summons so far, though the accused has information as to filing of charge sheet by the Police.

Follow Query

Report Abuse

Devajyoti Barman (Expert) 26 September 2010
The Disciplinary Proceeding and the Criminal case are two separate actions and the irregularity of one proceeding is of no help to the other. Both the proceedings will have to be defended out of its respective merits. Even without receiving the summons the accused can receive the charge sheet from the court.

s.subramanian (Expert) 27 September 2010
Mere filing of the charge sheet by the police will not suffice. The court has to take cognizance after going through the final report on being satisfied that a case is made out against the accused. Then only the charge sheet will be taken on file by the court and summons wil be ordered to the accused.The copies of the charge sheet will not be issued to the accused unless the court takes cognizance and issues summons.