1) file for quashing of FIR in HC on account of settlment arrived at with complainant
2) contesting the case is not the correct strategy as it would take years for case to be disposed of
Best way to clear the FIR allegations & close a case permanently
Hi This is about a defamatory e-mails related case. In the month of September, my ex-fiancee received few derogatory e-mails. So I asked her to file a police complaint. And to my surprise, the Google confidential doc traced back to me. An FIR u/s IPC354 (D), IT66 (C) and IT67(D) had been filed against me and was produced at the court in Bangalore. I got out on bail immediately. After me (the accused) and my ex (the complainant) probed, it turned out my close friend (the culprit in disguise) who proposed me (but I rejected her proposals) had done it with criminal motives to avenge me and my ex. So me and my ex agreed to let go off it and close the case. We both have lawyers and they're telling different ways to close the case. So we both are confused. Which is the easiest and effective way to clear the allegations on me and cancel the FIR? (So I'll have no complications in the future) As the case is still under investigation it might take a month or more to file the charge sheet. Is there anyway to stop the investigation, clear the allegations and close the case permanently? If yes, please advice. The following are few things we've been hearing from our lawyers and others My lawyer (a PP) said "let's contest and I'll clear the allegations off you and close the case permanently" My ex's lawyer (adviser for her) said "let's dissolve the case with prejudice" (which I think is effective yet as far as my knowledge about legal world goes the terms like with prejudice or without prejudice are quite foreign to Indian law) On the bright side, my ex who is the complainant is the witness in her own case. Please suggest me the most effective and the efficient way to clear the allegations off me and close the case permanently.
Asked 7 years ago in Criminal Law
Religion: Other
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8 Answers
Dear Sir....
Feel free to file compromise writ in the Honable High Court......both parties are agree ..and settle down the issue.......mention in the matter .....first of all ....tell em the charge sheet is filed ......in the matter or not........
Regards
Mob-No-[deleted]
It appears both the lawyers are smitten by the professional interest of the case and is misguiding both of you.
Be that as it may, if both have you have buried the hatchet then most convenient way to end the case is to file a quashing petition under section 482 crpc by you wherein your fiance will give the consent.
It takes no time.
If you want assistance in quashing the case you may feel free to contact me.
Which is the easiest and effective way to clear the allegations on me and cancel the FIR? (So I'll have no complications in the future)
The FIR cannot be cancelled at this stage, if in investigation it is found that there is nothing to prove against you then the police may file a report seeking to close the FIR, which is very rare.
As the case is still under investigation it might take a month or more to file the charge sheet. Is there anyway to stop the investigation, clear the allegations and close the case permanently? If yes, please advice.
You cannot stop the investigation or close the case
Alternately you can file a petition under section 482 cr.p.c. before high court to quash the FIR based on the documentary evidence you rely upon to prove that you are innocent.
Since these are non-compoundable offences, the defacto complainant has to turn hostile during trial proceedings after which you can get acquitted.
My lawyer (a PP) said "let's contest and I'll clear the allegations off you and close the case permanently"
My ex's lawyer (adviser for her) said "let's dissolve the case with prejudice" (which I think is effective yet as far as my knowledge about legal world goes the terms like with prejudice or without prejudice are quite foreign to Indian law)
Since the offences charged do not come under the list of compoundable offences, both the above lawyers cannot help you and you have no choice than to follow the suggestions made above, i.e. either try for quashing the petition in which she as a defacto complainant can file an affidavit before high court expressing that she has no objections to this and also her intention to withdraw the complaint due to the fact that this was done by someone to wreak vengeance on you.
The next option is to turn hostile during witness examination after which the court would acquit you from the case.
Please suggest me the most effective and the efficient way to clear the allegations off me and close the case permanently.
You may proceed as suggested and for that you engage a good and experienced lawyer practicing criminal law alone who would be more effective to handle the situation.
To Mr Kalaiselvan Thanks for your suggestion. I understand IT66 (D) falls under non-compoundable list of offenses. You said and I quote, "Alternately you can file a petition under section 482 cr.p.c. before high court to quash the FIR based on the documentary evidence you rely upon to prove that you are innocent" but the witness is an eye witness which is the complainant itself. And she is as well happy to do the same. Later you suggested, "either try for quashing the petition in which she as a defacto complainant can file an affidavit before high court expressing that she has no objections to this and also her intention to withdraw the complaint due to the fact that this was done by someone to wreak vengeance on you." I find it a bit confusing Now I would like to know Who should file an affidavit for quashing the FIR? Me or She or both! And how likely are the chances of getting the FIR quashed and close the case at the High Court, once and for all?
Asked 7 years ago
1) quashing would be done by HC since complainant has no objection to complaint being quashed
2) in your petition for quashing an affidavit of complainant can be enclosed that she has no objection to complaint being quashed
As I advised earlier yoga have to file the quashing petition and the complainant will file affidavit giving her consent.
Mr kalaiselvan probably meant to say so as well.
You have to file a petition under section 482 seeking the high court to quash the FIR.
The high court would send notices to the respondents namely the concerned police and the defacto complainant in this complaint.
After receiving or even without a notice she may appear before high court on the date of hearing and file an affidavit stating that she has no objection to allow your petition as well as to quash the FIR since she understands that this mail or offence was not committed by you but somebody to wreak vengeance on you or to spoil your name have done this on your name hence she has no objection to absolve you from the charges or quash the FIR registered agaisnt you.
Thus it is she who has got to file the said affidavit.
This would render bright chances for disposal of the case in your favor.
1. Since one of the offences in the FIR is non-compoundable, coupled with the fact that the challan has not yet been filed, the remedy for you and your ex is to file a petition for quashing of the FIR under 482 CrPC whereupon the HC can quash the case.
2. Both of you should mutually file the quashing petition. The chances are bright,
