cpc

how to close fir

Engineer Assitant

Dear sir,

  If a petition becomes made FIR Against a person in assault case .how to cancel or close the FIR without the statment of pettitioner . (Both are Brothers & the assault for land )

Pls tell a way .

 

Thank You,

K.Gopinath

 
Reply   
 

There are certain grounds on the basis of which ha High Court may quash a FIR. They are:

(1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused.

(2) Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Sec.156(1) of the Code except under an order of a Magistrate within the purview of Sec.155(2) of the Code.

(3) Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused.

(4) Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Sec. 155 (2) of the Code.

(5) Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused.

(6) Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party.

(7) Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.

 

Also, the power vested with the High Court to quash a FIR is sparingly used, and is used only to secure the ends of justice. So make sure you have a strong case before you approach the Court to quash the FIR. Also ,the Court hears both the parties before it decides to quash the FIR.

 

Consult a lawyer to help you with the case. You can call me at 09555 507 507 or send me a mail at info@lawkonect.com

 

-Regards

Advocate Pooja

www.lawkonect.com

 

 
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Advocate/ nadeemqureshi1@gmail.com

what is status of FIR, chargesheet filed or not? if notthenpolice have rightto submit FR or if the section is compoundable then file an applucation for plea bargening or mediation. feel free to call
 
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