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abhishek   21 February 2017

Quash fir

Respected All,

My sister has a flat (Age of property: 9years) and that house was empty for the past 15months(1year 3months). It was locked and the keys were with my brother-in-law.

My brother-in-law filed a divorce petition. As suggested by my lawyer we (myself and my sister) went to flat informed association about the divorce petition and showed them all the documents (sale deed, property tax, loan clearance paper from nationalized bank which is on my sister)and submitted a copy of them for their reference. Upon our request they informed that they will talk to my brother in law and inform us about the status. Despite of our humble request they told us that they don't want to involve and as flat is yours you can open the lock. With duplicate keys we tried to open which didn't work so with help of duplicate key maker, we opened the lock and replaced with new locks and left the place.

After 10days of the above episode we were informed that a case was filed against me(brother) under section ipc 447 and 428 for trespassing and damge of property. We went to PS and gave our statement along with all original documents however police haven't filed chargesheet or refered the fir as mistake of facts despite of justice is on our side. Considering the above, do I need quash FIR or wait till some more time?

If I quash FIR, will the FIR be quashed or only bailable warrant is issued? What are the repurcations of filing quash? Can you please guide me and help me on this?



 4 Replies

shrenik (lawyer)     21 February 2017

yes you can go to high court to quash FIR

abhishek   21 February 2017

Thanks sir. If i quash fir,will i ger bail or case can be dropped??

shrenik (lawyer)     22 February 2017

Abhishek quash means the case is removed. No such case will e xist then You free

Sudhir Kumar, Advocate (Advocate)     24 February 2017

givne facts indicate that the police is itself prepared to file untrace report so why to harass and provoke them

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