As per your query it is understood that you need information regarding the quashing of FIR.
Yes, you can file for quashing of FIR even if the chargesheet is not filed.
False FIR or complaints simply means making false allegations with malicious intention by lodging FIR or complaints based on falsifying the facts and fabricating the circumstances in order to persecute the other person.
FIR quashing is the petition filed before High Court for quashing the FIR and all related proceedings against the accused. An FIR an be quashed by the High Court if the Court is satisfied that the accused is falsely implicated and FIR is bogus and frivolous.
In certain matrimonial disputes, women file false complaints of cruelty by husband and relatives of husband under Section 498A and Section 406 of Indian Penal Code. However, later the parties to the matrimonial dispute enter into a mutual settlement. They generally reduce it into writing and prepare a Mutual Compromise Deed containing all the terms and conditions of the settlement. The parties have to be present before the High Court to record their statements and for the identification.
The parties can enter into a mutual settlement before the Court where the proceedings are going on or independently. In cases of divorce by mutual consent parties can attend the Court after their divorce proceedings are over. The Courts, generally accept the same and pass an order for quashing of FIR on the basis of this Compromise.
The fact that you visit their house rarely and live in a different place will help you in quashing of FIR.
PREETI GUPTA & ANR. V. STATE OF JHARKHAND (2010)
FACTS
The complainant Manisha was married to Kamal Poddar in the year 2006. In 2007, she alleged her husband and her husband’s relatives for demanding dowry and assaulting her physically. Thereafter, a complaint was filed under Section 498A and others of IPC.
The present appeal is filed by Preeti Gupta, the married sister-in-law and her husband against the impugned judgment passed by the High Court of Jharkhand.
JUDGEMENT
The Court observed that the tendency of implicating husband and all his immediate relations is not uncommon. At times, even after the conclusion of the criminal trial, it is difficult to ascertain the real truth. Hence, the courts have to be extremely careful and cautious in dealing with these complaints and must take pragmatic realities into consideration while dealing with matrimonial cases.
In the present case, the allegations of harassment of husband’s close relations who had been living in different cities and never visited or rarely visited the place where the complainant resided would have an entirely different complexion. The allegations of the complaint are required to be scrutinized with great care and circumspection. Therefore, in the interest of justice, the court directed to quash all the charges filed against the appellants as the same could not be proved.
After the FIR is quashed and the getting discharged from the Court, the acquitted person may pray to the Court for instituting criminal proceedings against the complainant.
In such a case the legal remedies available to the acquitted are:
Filling a complaint under section 182 IPC against the person who has provided false information, with intention or knowledge or believe it to be false, or knowing it to be likely that he/she will thereby cause, such public servant:
1. to do or omit anything which such public servant ought not to do or omit if the true state of facts respecting which such information is given were known by him, or
2. to use the lawful power of such public servant to the injury or annoyance of any person, shall be punished with:
· Imprisonment of either descripttion for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
· Filing of application before the court under section 156(3) CrPC
· Filing a private complaint under section 200 CrPC for false charges of offence with intent to cause injury to him, or institution of any criminal proceeding against him, or falsely charging him with an offence, knowing that there is no just or lawful ground for such proceeding.
· Filing a complaint against him under section 211 IPC, whereby the complainant who has made false allegations and lodged fabricated FIR shall be punished with imprisonment of either descripttion for a term which may extend to two years, or with fine, or with both. If such criminal proceeding be instituted on a false charge of an offence punishable with death, imprisonment for life, or imprisonment for seven years or upwards, then he shall be punished with imprisonment of either descripttion for a term which may extend to seven years, and shall also be liable to fine.
· May file before the Court for compensation under section 250 CrPC for accusation without reasonable cause the provisions of this section shall apply to summons and warrant cases also. Under section 250(2) if the Magistrate is satisfied that there was no reasonable ground for making the accusation, may, for reasons to be recorded, make an order that compensation to such amount, not exceeding the amount of fine he is empowered to impose, as he may determine, be paid by such complainant or informant to the accused or to each or any of them. Further under section 250(3) the Magistrate may, by the order directing payment of the compensation under sub-section (2), further order that, in default of payment, the person ordered to pay such compensation shall undergo simple imprisonment for a period not exceeding thirty days.
Hope it helps!
Regards,
Anusha Singh
