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Anurag Kumar   04 January 2022

Quashing of FIR

Query on quashing of FIR

I have raised certain complaints of regulatory and legal violations with the regulator against an insurance company. In turn, the company had filed an FIR of data theft against me. In addition to it the company also filed multiple civil cases under various provisions of the law against me. Please advise me how to get rid of these cases. There is no protection available to corporate whistleblower in India. I am suffering a lot due to multiple cases being filed against me. It is very difficult for me to fund for fighting these cases. The company against which I raised the complaints was being run by tainted promoters, who themselves are in jail for various economic offences. Please advise me how to proceed with these cases and how to get them closed. First of all, I want to get the FIR quashed in the High Court. The FIR is registered u/s 66B of IT Act and 406 of IPC. The chargesheet has been filed in the court. What are the chances of getting the FIR quashed. I have sufficient proofs of making complaints with the regulator and Govt departments. Please advise on my case. thanks


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 1 Replies

Aryan Raj   05 January 2022

In response to your query,

Section 482 specifies that a High Court has the authority to intervene in any way necessary to bring the two objectives of justice together.

Under this clause, a High Court has the authority to quash a FIR if it believes the FIR was filed with the malicious goal of causing inconvenience to the aggrieved person.

If a person has been charged with a non-compoundable offence, he or she can file a Writ Petition in a High Court under Article 226 of the Indian Constitution and Section 482 of the Criminal Procedure Code.

The petitioner bears the burden of proof in proving that the FIR was filed solely for the purpose of harassing the petitioner.

Regards,

Aryan Raj

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