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sankar P (supervisor)     29 September 2014

Is fir can quash without knowledge of prosecution

Dear sir,

My MIL Filed FIR Against me in IPC 452, 294 B, 324, 506,

I got bail. After , is any possiblity to Quash FIR with or Without Knowledge of Prosecution

Kindly advice me sir,

MAny Thanks,

Best Regards,



 11 Replies

LoneFighter (IT)     30 September 2014

FIR quash is really difficult, until unless you show that from FIR, prima facie cant be made at all. As far as many judgements i have gone through on indian kanoon, FIR quash has not happened even in single case. I might be wrong.

Usually, fake FIRs are also written in such a way that it could make some case against accused based on allegations. I would say, let the investigation go on, let the IO <if he is honest, but plz dont even expect> give the exact report and then go for chargesheet quash. Chargesheet quash relatively has more chances compared to FIR quash. 

sankar P (supervisor)     30 September 2014

Thank you for your valuable information and precious time sir...

sankar P (supervisor)     30 September 2014

Dear sir,

Is the Charge sheet can quash only what are the allegation are made if contravorsary in their statements


Compare to the Previous complaints and current complaints(FIR) if there is any contraversary of their statement can we go for quash?

Is the Previous complaint copy (Withdrawn) is helpful in this FIR( Complaint copy) For Quashing Purpose?

Kindly give me advice sir,

LoneFighter (IT)     30 September 2014

@Sankar Sir:


As far as my limited knowledge is concerned, the old copy might not be of great evidence for quash but it is a good evidence for trial,

if they ask for authenticity of the old complaint. They might very well say that the old complaint paper is fake, If that was not registered by police. If its withdrawn, probably police might not have registered it as FIR. 

FIR will be quashed only if the complaint made is absurd and does not come under any law.

lets say some women files a complaint sayng -- i m cheated in the name of love -- that not illegal as such , so primafacie cant be made. One can go for FIR quash. 

Chargesheet quash , let a expert reply the query.. even i m unsure of entiriety on what grounds one can go for chargesheet quash. 


sankar P (supervisor)     30 September 2014


The Old complaints are not FIR But It is CSR and it is registered ones , also I will taken that through RTI Act also.

It was Given by my wife and Mother in law (total 2 complaints)

There statement made was so many contraversy in their complaint & withdrawn copy itself.

As It was Taken by me through RTI , is it valid to defence in trial or for Quash purpose,

Kindly advice me sir,

Many Thanks,

BEst Regards,


Ashok, Advocate (Lawyer at Delhi)     30 September 2014

It is possible to get the FIR quashed, though in practice it is rare. You’ll have to show that the FIR, read as a whole, does not make out a cognizable offence.


Secondly, when you file an application for quashing of the FIR, the court will issue notice to the prosecution who can then defend the FIR. The other side is required to be heard for quashing of FIR.


Thirdly, if the charge sheet has already been filed, it may be advisable to file a discharge application in the trial court rather than filing a petition to quash the charge sheet in a higher court.



The discharge or the quashing of charge sheet would happen if you can show that no prima facie case is made out against the accused on the basis of the prosecution case mentioned in the charge sheet.

sankar P (supervisor)     30 September 2014

Dear Shri. Ashok sir,

My MIL filed FIR on the basis of I was Assaulted her with iron rod & also she was submitted Medical certificate for 13 days.

But , I was there in that time with my MIL but I was not assaulted my MIL By Iron rod or some other means.

I Politely leave that place and give verbal complaint in Womens Police Station.

But my MIL After well planned may she hitting herself/ may she slipped down whatever may be,

 she filed complaint against me that I was Assaulted her.

Sir, Kindly give me advice in this situation, that what I will do to

Whether go for Discharge application in trial court/ or how will i defence in this situation,

Many Thanks,


Ashok, Advocate (Lawyer at Delhi)     30 September 2014

On the basis of the limited facts, it is difficult to opine. But, it appears from what you have written that you are admitting your presence with the complainant at the relevant time though you are saying that you did not hit her. She has given her specific complaint that you have hit her and she has also produced the Medical Certificate. This shows that she did receive the injury, though you say that it was caused by something else.


In these circumstances, it may be difficult to get the FIR quashed. This is, of course, on the basis of knowledge of only some limited facts of the case.


As regards the discharge application, one cannot opine without seeing the contents of the charge sheet and is annexures to find out whether a prima facie case is made out.



sankar P (supervisor)     30 September 2014

Dear Shri. Ashok sir,

I was made a online complaint on the same day that incident was happened also After 2 days only FIR Registered,

Kindly give me advice sir on the basic on my online application


SUB Request Petition for Register Complaint against my wife ' Y' bar council no-

XXXXXXXX and my mother in law 'Z'    Dear Madam I am sankar. My wife 'Y'  and  my mother in law I. 'Z'  who is residing in her native I am currently working in a town.

Today morning 7.30 am I came to her native to attend my wifes uncle daughter engagement which is near to my wife house. I want to take my wife to the function.

So I first went to my wife house and told to come with me to the function. On that time my wife and my MIL both are spoken vulgular words against me my family and her uncles family and also told that they are our enemies and we are not planned to go there and why you are come here.

Earlier my arrival both my wife and her mother arguing vigorously about her uncles function. While saw me their angry turned against me

Iwant to try restoring peace there but all are in vein. Suddenly my mother in law hitting her head with her hands and ran out to the street stating that I will give complaint against you.After that I have thought that if I stand more there they will create trouble to function people also.

I decided and came to womens police station  and gave verbal complaint against my MIL and my wife.Having mental pressure and mental torture from my MIL and my wife I left the place with the function unattended and came to my town.

I heard a Complaint from womens police station through phone call that my wife has given against me.Due to I am having mental tiredness and pressure madam I requested me to attend the enquiry on 7-9-2014.Whenever I met my wife  she told that If you gave a lump sum amount then you will be trouble free otherwise as a lawyer I will gave torture to you.

MadamI am always ready to take my wife to my home sankar.                                  

sankar P (supervisor)     04 October 2014

Dear LCI Experts,

Kindly give me suggestions for my case,

MAny Thanks,

T. Kalaiselvan, Advocate (Advocate)     04 October 2014

The best thing what you do is to get enlarged on bail, wait for the police to file the case in the court, challenge the case on the strength of the evidences in your possession, get out of the case by getting acquittal.

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