1.Do note that quashing is used very sparingly and that too when the from perusal of complaint there is no disclosure of offence or the complaint is alleged is so improbable that it is not likely to have taken place at all.

2.if there is allegations of commission of cognizable offence and there is prima facie evidence in support thereof it is unlikely to allowed.

3. In case under PC Act quashing is hardly allowed.

4.Thoguh there is no harm in trying your luck but on the facts supplied here I find littile merit therein.

So act accordingly.

Charge sheet would have been filed in pursuance of the FIR and if charge sheet has been filed then you can not go for FIR quashing, you will then have to file a petition for charge sheet quashing.

Any departmental enquiry was also going on??

1) quashing is to be done only in exceptional circumstances

2) HC is reluctant to quash FIR pending completion of investigations

3) wait for filing of charge sheet

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

FIR can be challenged by you before the High Court, if at all one has been actually lodged against you.

A fresh disciplinary proceeding cannot be initiated after retirement of a Govt. Employee and thus, there is no question of chargesheeting you in a departmental inquiry initiated post your retirement.

Sir, the power for quashing of FIR lies with high court under section 482 Crpc .. The court will consider the grounds on which you are seeking quashing and will pass the order regardinly .. All the facts are the matter of consideration by the court ..

Hi

In general High Courts will quash the case u/s 482 of Cr.P.C only if all of the following questions are answered

1) whether the material relied upon by the accused is sound, reasonable, and indubitable i.e. the material is of sterling and impeccable quality?

2) whether the material relied upon by the accused would rule out the assertions contained in the charges levelled against the accused i.e. the material is sufficient to reject and overrule the factual assertions contained in the complaint i.e. the material is such as would persuade a reasonable person to dismiss and condemn the factual basis of the accusations as false?

3) whether the material relied upon by the accused has not been refuted by the prosecution/complainant; and/or the material is such that it cannot be justifiably refuted by the prosecution/complainant?

4) whether proceeding with the trial would result in an abuse of process of the court, and would not serve the ends of justice?

If the answer to all the steps is in the affirmative, the judicial conscience of the High Court should persuade it to quash such criminal proceedings in exercise of power vested in it under Section 482 CrPC

With reference to your particular case and above stated points, the things that stand to your advantage/ in your favour are

a) 37 years of service

b) Income of 2 major sons with independent sources of income and

c) Current market value of property in the name of your wife.

So in my view, you have a fair chance to get the case quashed at High court, subject to you demonstrating that the allegation is vexatious, and frivolous cast upon you to deny you your peaceful retirement, benefits thereof. .

Technically charge sheet filed after government employment is valid (Buddi Chandramohan vs state of andhra pradesh) and that Sanction u/s19 of PCA is also not mandatory for a retired government servant.

Hope this information is useful.

1. The scope of a quashing petition is very narrow and limited. Unless the FIR does not reveal any commission of offence the HC will not quash the FIR.

2. So if you want to file a petition for quashing of FIR then consult a lawyer with a copy of FIR and chargesheet.

During pendency of criminal case,

the retirement process may be kept on hold.

You may file a petition for quashing the FIR if you are confident that the assets found in the raid do not belong to you.

Your wife may be required to make a statement explaining the source of her income to purchase the property