Quashing reg. ( sc/st act)
My parents have signed in an empty bond paper in 2009 with the petitioner name Jothi. That time I was working in an educational institution as Teacher from 2005-2011. I have the attendance copies also.
Now P.Jothi has filed an FIR under SC/ST act according to the direction obtained from H.C.(either to close the petition or register FIR, I was asked to pay Rs.4,00,000/- by P.Jothi for not registering FIR through police)which says that Jothi has come to my house to ask the money from my parents. She has mentioned that my father and I abused her in her caste name i.e. "Sakkili Naye". Now my father expired. my mother is alive.
But actually that event was not happened on that day. The money problem was arised due to chit. Along with my parents name, mine, my wife name she has included four other persons name also in the FIR, now the investigation officer deleted the all other names and the case is pending against only me. I have got condition bail also.
Now, my question is
1. P.Jothi has agreed that I have not signed in any of the bond paper with her. I am working as a teacher in Govt.School. In order to collect the money from my parents she has included only my name as per the direction of the High court ( which says that either register FIR or close the petition according to the offence.)
2. Out of the many sections which was included in the FIR,only sections 294b & SC/ST Act was filed by the IO against me.
3. I belong to MBC and my wife belongs to ST. I have done Inter-caste marriage also. The case was SC/ST Act. Though I respect all the religions and caste I have married a person who belongs to ST.
4. She has mentioned that the said event took place on Sunday 7.30 a.m. 12.01.2014. On the day night I had gone to the temple, I have the online train ticket also. On 11.01.2014 itself I along with my wife and my child went to my father-in-law house which is in my same native place.
5. There were many discrepancies between the High court complaint & the FIR.
On the above circumstances can I Quash the FIR in the H.C.?
1. The charge sheet was not prepared. Can I apply for the quash petition either before the charge sheet was submitted or even after the submission of Charge sheet also.
2. Will the above situations work out for quash and will it be favourable for me?
3. Howmuch will it cost for applying for a Quash in H.C.
I am working as a Teacher in Govt.School. I have got condition bail also. Now I am continuing in the Job. The opponent P.Jothi has sent report the CM Cell asking to take department action against me. While the case is pending before the court, Can the department take any disciplinary action against me? though I was not involved in any of the said offence. I gave my report also the department mentioning that there was no crime on my side but only my parents side.
Kindly advice me.
Anticipating your reply my honours.
Asked 2 years ago in Criminal Law from Attur, Salem, Tamil Nadu
1. You have valid and acceptable evidence to prove the allegation filed against you as false,
2. Develop rapprt with local police station specially the IO and ensure that favourable report is submitted by him based on the evidence shown by you to him,
3. If the IO's report is in your favour, your matter is settled at the grass root level itself,
4. Otherwise wait for the charge sheet to filed and afer that file a petition for quashing the FIR based on your stated evidence.
1. At first blush, it does seem that you have good evidence to prove your innocence.
2. Conditional bail has already been granted to you. You can apply for quashing either before or after the charge sheet.
3. No lawyer can vouch for the result of the case.
4. The cost will be the fees of your lawyer whom you will engage. As such, we cannot predict what it will be.
5. Disciplinary action can be initiated against you and you can be dismissed even before the court pronounces its verdict.