BS Rangi (President) 11 April 2017

Quashing fir by high court

Sirs,

I am fighting case against accused against whom I got FIR lodged under CrPC 156(3).Since Oct 2014 i have been attending all hearings. The accused has been delaying justice as he has not been accepting summons,evading summons.Hew disd this for two years.

Then judge recued not to hear jhis case. Case goes to session judge and he returns back to SDJM court to be taken up by another judge.

Now he has accepted summons in end 2016 and took bail.

He approaches High Court in 2017 for quashing FIR in High Court.

I shifted from Panchkula to Gurgaon. But I will attend all hearings and have not missed even one hearing.

what should be my line of reply so that FIR is not quashed.

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4 Replies

Anil Bhatnagar (Advocate) 12 April 2017

Dear BS Rangiji,

you didn't mention, under what sections FIR was registered. High Courts, for queshing of FIR, are normally approached on the basis of settlement (MoU) reached at between both the parties. Your statement shall also be recorded in the HC, then only formelties can be completed. Your Counsel can throw some light on the exact procedure.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 12 April 2017

Take suggestions from your lawyer.

“There are cases where the power of the High Court under Section 482 of the Criminal Procedure Code to quash the proceedings in those offences which are un-compoundable has been recognized. The only difference is that under Section 320(1) of the Code...

BS Rangi (President) 12 April 2017

Sir,

FIR was registered under IPC 323,506 initially. Honourable court added one more sec 341 IPC at the time when police submitted closure report .There is no scope for compromise.I want justice. I hope the accused does not get the FIR quashed from High Court.