High generally quashes the FIR if the dispute is matrimonial personal or financial. Sometimes offence is against the state HC do not quash. You can file a joint affidavit of settlement before HC and pray for quashing. It takes time as per the board of HC. You can circulate the matter if there is a urgency. If settlement is done you can try quashing before HC

On this ground FIR can not be quashed. Better face the trail and manipulate evidence. That would help. Manipulating evidence it to talk with the fir makers and other witnesses for not saying anything against.

The FIR under section 304 B of Indian penal code cannot be quested as this is regarding the dowry death. The police charge sheet report in this regard will play a major role to quash The FIR against other family members except husband this can only be done by an appeal in the High Court.

The high court considers all the aspects of the crime and possible involvement of other persons named in FIR before quashing the FIR.

Very good case for quashing of FIR....Must proceed to compromise by filing an application u/s 482 cr.p.c. before Hon'ble High Court.Main Things to note: Joint affidavit of compromise between the accused and Complainant should be prepared on the ground in addition that both the parties are ready to compromise to secure the future of children.

Probably it must take one or two hearing. But if evidences are so against your friend that the court is enable to quash fir, it may take some more time. However, it will be noteworthy to mention before court that the accused is on bail during the proceeding due to improbable evidences.

Hi

1. FIR will be quashed and it would take something around 1.5 to 2 months.

2. They should not face any difficulty.

3. Go for FIR quash.

Thank You

304b is non compoundable offence , try to get the statement recorded during trial of all the witnesses and the acquittal order.

But a written compromise may be filed in 482 application in highcourt n u can try for this.

1.)How long it will take and what are the chances of getting the FIR quashed. -

Answer: In Manoj Sharma vs State & Ors on 16 October, 2008, it has been held that an offence under 304B cannot be quashed on the basis of compromise.

2.)What difficulties they may face even if his in laws do not oppose the FIR Quash.

Answer: It is the prosecution which will opppose. In-laws has to appear before the court to depose about the circumstances behind their daughter's death.

3.) What is your suggestion in the given situation.

Answer: Try for quash as high court may take a different view based on the interest of the children, if it refuses to quash, immediately withdraw the petition. Go for trial, if the in laws didn't support the case, then they may get acquitted.

Hello,

Since the charge sheet has already been filed therefore one can not go for FIR quashing in the HC

You must go for charge sheet quashing under sec 482 of Cr.P.C.

There are High Chances that the matter will be settled on the basis of the settlement deed.

The above is my opinion on this point which shall be the best option for you at this juncture.

Regards

Let me know if I can be of some further help.

Regards

1) quashing is to be done only in exceptional circumstances

2) SC has ruled that ruled that criminal proceedings in serious offences like rape, murder cannot be quashed even if the parties settle the dispute amicably as such offences are not private in nature.

The court also said that a high court could quash the proceedings in criminal cases which were predominantly civil in nature after parties settled the dispute but not in serious offences.

Hello sir , of both the parties have arrived to a settlement , then the FIR can be quashed without any problem .. there is no prescribed time for the quashing as It depends upon the court to decide matter

1. If your friend had to seek the quashing of the FIR he ought to have gone to the High Court before the filing of the chargesheet. Ordinarily, once the chargesheet gets filed the HC is reluctant to quash the FIR. Be that as it may, even now he is free to file the petition for quashing of FIR. Chances depend on the merits of the case on which nothing can be said unless the FIR is perused.

2. It will take a few months for the HC to decide his petition.

3. The suggestion is to consult a lawyer with a copy of FIR and chargesheet.

1) HC would direct govt pleader to file their reply before passing orders

2) you have to apply for quashing of FIR and charge sheet

3) if FIR is quashed case comes to an end

4) if it does not get quashed you have to contest the case before trial court

1.) I want to understand ,can high court involve the police also for quash of FIR ? Obviously, the PP is on behalf of state and will represent in opposing the petition.

2.) What they need to go for quash of (a) charge sheet under section 306 or (b) FIR under section 304B ? At FIR stage, the HC will be reluctant to quash as charge sheet will reveal the true account of the incident.

3.) If FIR quashed in HC will the case be over in district court automatically? Yes

4.) If it does not get quashed in HC then do it has any drawback for both of the parties.- Not for the complainant, only accused will have issues.

As said earlier, if the petition is not allowed better withdraw while the judge makes the observations. So that, it will not be brought to the notice of the trial court. Otherwise, trial court will infer in a different perspective and try them as if they are criminals.

1. Quashing of the FIR is not as easy as you are saying, it can be quashed on limited grounds which are not there in your case; it will be quashed on the ground of settlement, both the parties will have to mark appearance before the court.

2. When you will file the petition then you will have to make police the party.

3. If the HC quashes the FIR then the matter will be closed automatically from everywhere.

4. No

You may contact me for a detailed discussion, since your question is not very clear

Regards

For answering ur questions the charge sheet needed to studied. For the FIR is under 304B and the charge sheet is under 306 the said case can not be quashed

FIR and Chargesheet both are different. Chargesheet will prevail over FIR if the Magistrate has taken cognizance on it. In your case as I understand, Chargesheet is filed under section 306 IPC and the Magistrate has taken cognizance on it to proceed further. If so, then you can compromise with the Complainant side who registered FIR. But for this purpose you should not worry about police. If you both want to compromise, police has no work on it. After doing investigation and submitting Chargesheet, police has no role in enquiry made by Magistrate. If you both are ready to compromise, you must file an application under section 482 Cr.p.c. with joint Affidavit. May I know as to what is the status of your case in District Court?

(Please rate my answer also)

1. No opinion can be given on the prospects of a FIR quashing petition unless the document which you want to get quashed i.e FIR is perused threadbare.

2. Quashing of FIR will result in quashing of all consequential proceedings.

3. Of course police will be involved as police represents the state which is a necessary party.

4. No drawbacks for the party even if HC dismisses the petition.

Quashing FIR means dropping case against accused so if court is satisfied that the accused are not involve in the crime or abatement then the FIR may be quashed.

The quashing will impact on the case and the names will be removed from further trials.

The element of minor children does not work in these cases and decisions are taken on the basis of facts.

Section 304B IPC:

Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called “dowry death”, and such husband or relative shall be deemed to have caused her death.

Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.

Punishment - Imprisonment for not less than 7 Years, but upto Life

This is a Non-Bailable, Cognizable offence and triable by Court of Session

This offence is NOT compoundable.

No compromise is allowed between the accused and the victim except under certain situations, where the High Court or the Supreme Court have the authority for quashing a matter.

However, if the defacto complainant file an affidavit stating that he has no objection for quashing the FIR on the basis of the welfare of the children of the deceased, the high court may take a lenient view.

If the high court refuses to quash the FIR and dismisses the petition, then he has no option than to contest the case in the trial court and get acquitted on the basis of merits and documentary evidences in his side.

What is the charge sheet is about whether section 306 or 304 B?

Even if it is under section 306,, it is non-compoundable.

The reasons what you have stated cannot dray sympathy of the court while deciding the quash petition.

1.) I want to understand ,can high court involve the police also for quash of FIR ?

The court will ask the police to file its reply

2.) What they need to go for quash of (a) charge sheet under section 306 or (b) FIR under section 304B ?

Quash of charge sheet if charge has already been filed.

3.) If FIR quashed in HC will the case be over in district court automatically?

A discharge petition may be filed attaching the copy of the order of Quash by high court.

4.) If it does not get quashed in HC then do it has any drawback for both of the parties.

Yes, he can contest the case in the trial proceedings.

Dear Querist my opinion on your queries are as under:-

1.)How long it will take and what are the chances of getting the FIR quashed.

Opinion:- within two or three hearing, the matter will be decided by the High court.

2.)What difficulties they may face even if his in laws do not oppose the FIR Quash.

Opinion:- nothing.

3.) What is your suggestion in the given situation

Opinion:- file the quashing petition before the high court based on written compromise and against the charge sheet and subsequent proceedings.

I want to understand ,can high court involve the police also for quash of FIR ?

Opinion:- yes IO will be there to verify the complainant and IO will also file his report before the High court.

2.) What they need to go for quash of (a) charge sheet under section 306 or (b) FIR under section 304B ?

Opinion:- charge sheet and subsequent proceedings.

3.) If FIR quashed in HC will the case be over in district court automatically?

Opinion:- no, a copy of the quashing order of the high court will has to be submit before the trial court.

4.) If it does not get quashed in HC then do it has any drawback for both of the parties.

Opinion:- no, there will be no draw back.

1. If both the parties are agreed mutually then court will definitely quash the FIR.

2. They need to file the petition of quashing the FIR along with the copy of the agreement,

3. Yes, then case will be over and order will sent to the session court.

4. No, it will not have any drawback on your side.

when charge sheet is filed, then investigation is complete. there is no point of FIR quash at this stage. it should be filed before filing charge sheet. now you should face the trial.