Ashok Kumar 15 January 2025

Accused is aggrieved by fr

A patently false FIR is filed against a person under Section 379, 384 IPC etc. Later on the complainant goes to the police and make an application that compromise has been reached with the accused (This was also a false statement). The police puts an FR saying that this was a civil nature dispute. The complainant appears in the court on the same day when FR is presented by the police and in a hurried manner pleads no objection to the FR. The court accepts the FR.

*The accused is aggrieved because actually the FIR deserved to be dismissed with a finding of False and not civil nature*

What is the remedy available(other than 482CrPC) with the accused to bring on record the falsehood in the FIR And get It dismissed with a finding of *False FIR* rather than that of *Civil Nature*

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3 Replies

T. Kalaiselvan, Advocate (Advocate) 15 January 2025

The quash petition may not be a remedy in this situation, perhaps the accused my challenge the case in the trial proceedings and get the case dismissed on merits.

Dr. J C Vashista (Advocate ) 16 January 2025

Provision of Section 379 (theft) and 384 (extortion) of IPC can not be invoked togather in any FIR case.

However, when you find it is a false and fabricated story, wherein allegation will not stand in evidence, what stops accused to face a fair and transparent trial through a local prudent lawyer to get exonerated honourably on merit, which would help in seeking compensation and/or defamation against the complainant / State.

Be clear on the facts posted, if it is a true story.