• Quashing FIR or charge sheet?

I am a central gov: group A officer at TRIVANDRUM kerala. There was a false complaint lodged by my office attendant in local police, stating that I have thretend him in my cabin to kill him and shouted. He is active in union activities and with his influence being a local resident the police has registered fir and I took bail from court.IPC1860 294(b)506,34,are the charges in fir. Whether police can change the incident date in fir? Charge sheet is not submitted so far.This false case raised because I have lodged a atrocity complaint against him at my office .whether I can go for Fir quash at high court?
Asked 6 years ago in Criminal Law
Religion: Hindu

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9 Answers

1) wait for filing of charge sheet.

2) then based on legal advice file for quashing in HC

3) quashing is to be done only in exceptional circumstances

4) HC is generally reluctant to quash FIR pending completion of investigations

Ajay Sethi
Advocate, Mumbai
94523 Answers
7486 Consultations

5.0 on 5.0

Yes you can go for FIR quashing to the High Court on the ground that the complaint that is filed is vexatious and has been filed for ulterior motives.

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

Hi, once the police has file the Charge sheet then you have no other way you have to contest the case on merits so better you have to approach Hon'ble High Court for quashing the FIR.

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
335 Consultations

4.5 on 5.0

1. No police cannot change date.

2. Yes, file a petition for quashing of the FIR in the High Court and seek a stay on proceedings.

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

Hi

You can go for quashing of FIR, especially when you have a case that the FIR took place after you initiated a complaint against the concerned person.

Either before the stage of charge sheet or after the charge sheet you can file quash petition in the High court.

Consider the material evidence of any sorts if police had collected , and if you can establish the date of FIR after your complaint it will too help.

Its always safe to move with quash petition after charge sheet so that police can't bring or claim more than what's on charge sheet. Usually police repeat the same tactics of investigation not completed and claims of apprehension of crucial evidence to submit , if you file it before charge sheet.

In court, police report will be sought and an incomplete investigation is an open threat to conclude a decision by a court,so court will apprehend to quash FIR. you should have solid material evidence to substantiate your claim of fake and false case and FIR was to frame you .

Thresiamma G. Mathew
Advocate, Mumbai
1642 Answers
212 Consultations

5.0 on 5.0

1. If after investigation the police finds nothing then it may close the case by sending Final Report.

2. If not then it will submits change sheet which is very likely.

3. After submission of charge sheet you can try your luck by filing quashing petition.

4. In most quashing cases it is not allowed.

5. So better prepare for trial.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

Without strong ground you cannot go for quashing..the police can Change the details in the charge sheet but it will in turn provide hinderence to their own case..the remaining facts will be decided by the court of law

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

1. The date of incident mentioned in the FIR cannot be changed by police, but police can in its final report mention the facts which unfolded during the course of investigation.

2. Unless the FIR is perused I cannot say whether it is a fit case to apply for FIR quashing.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

You dont rush up for quashing FIR, becasue high courts do not entertain quash petition to quash FIR as a routine, instead you may wait for the charge sheet to be filed after which you can approach the high court with a petition under section 482 cr.p.c. seeking to quash the charge sheet based on the false contents and the merits in your side.

T Kalaiselvan
Advocate, Vellore
84724 Answers
2172 Consultations

5.0 on 5.0

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