Quashing under section 354 and 509 - urgent
ab
(Querist) 31 August 2013
This query is : Resolved
A Lady filed a false fir under section 354 and 509. The witnesses added to the fir have now moved back since they were misguided during registration of fir and they were kept in dark that time.
Now she wants to settle/come out of the case. Till date only charges have been framed on me.
Can this fir be quashed in high court basis consent of both the parties?
If yes, then can my arrest record be expunged so that i don't have to report this case while changing job?
Sudhir Kumar, Advocate
(Expert) 31 August 2013
354 is prima-facie non-compundable. It is discretion of High Court to allow mutual consent quashing.
Rajendra K Goyal
(Expert) 31 August 2013
Agree with the expert, nothing more to add.
ab
(Querist) 31 August 2013
Can arrest record be expunged in case it gets quashed
Devajyoti Barman
(Expert) 31 August 2013
before the submission of charge sheet, the high court would not quash the case.
Wait till submission of it.
ab
(Querist) 31 August 2013
does it means that i should fight the case and prove it false in order to get acquitted.
Will this suffice for arrest record to get expunged.
Becoz the false allegations are very dirty. I don't want to disclose it in future at the time of employment in private firm.
Nadeem Qureshi
(Expert) 31 August 2013
agree with experts, arrest record can not be expunged neither contested acquittal nor quash by settlement.
it will be better settle the matter & disclose all the facts before employer in future if you think that it is better for you.
ab
(Querist) 01 September 2013
Thanks all. But i just feel that Since i didnt do anything then why should i disclose.
She created my bad record in police books.
Sarvesh Kumar Sharma Advocate
(Expert) 01 September 2013
the lady file such FIR before the amendment or after the amendment in 354 ipc is also the basic question regarding your query!
ab
(Querist) 02 September 2013
In jan, before the amendment sir!
ab
(Querist) 05 September 2013
This is case of january before rape ordinance amendment so is it still non compoundable for us. Does it help in quashing
