Sir,There was a legal battle fought and won by my son in Law in the district court against his2nd Eldest brother in Managing a Trust,to run a school,,who was illegally occupying the Correspondent position.The Judgement was delivered on 29/01/18. Subsequently, on 02/02/18,my Son in Law had visited the school and requested for the accounts,as he was one of the Trustees and had the right to know the details.But his brother started threatning him.My daughter reached the place as they had an appointment with the doctor for her. During the time she was present, the Eldeer brother was threatning and was about to manhandle him.Luckily,my daughter had videographed the converstion.Abruptly,My Son in Law was pushed out of the office and his brother locked the School office and left the place,under instruction from some one.My Son in Law,waited for more than 3 hours for hiis brother to return,which never happened,so he put another lock over that and went and complained to the Police station on the incident,Police never took his complaint and they tried to compramise the next day.On the 5/02/18,the brother had sent a Lawyer notice to the Police,saying that they should not interfere.On the 10/02/18,Police called up all the parties and they started threatning my Son in Law and Daughter to give it in righting saying that they will not interefere in School administration.When my daughter showed the Police the E Court order on Winning the case, the Police personnel refused to accept the same.Subsequently,we had taken up the complaint to the CP.No action had been initiated.Police had not taken our complaint.Opposite party, had got a direction from Chennai High Court, to direct the Police to enquire and if fit,to file an FIR.We had sent our 02/02/18 complaint to the Police on 13th March.The post had been received by the Police on the 14th March and the same day,they had filed an FIR against my Son in Law/ Daughter and his Mother.(This Lady was in no way involved in any of the situation and she had filed a Separate complaint to the Police on the Illegality of his Son and another Trustee,who wanted to take over the School.)The Section under which the FIR had been filed IPC 1860 - Sec 447/323/506(1)/341 and we were not informed also. Our Honorable Court Judgement was received by us on the 23/03/18,where the Judgement clearly says the Illegality of the Brothers misdeeds and he cannot sit in the School as Correspondent.Now,how to quash this FIR in the Honorable High Court?Seek your valuable guidance,as Innocents should not be made criminals,due to Money Power.
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The question of compromise doesnot arise,as the illegal occupant of the School correspondent has filed a review petition in the District Court,even before receiving the Court order and any compromise,will be used to their favour.Need guidance on quashing the FIR or how to go about it.We do not want the Stigma of this false FIR to be shown in our records at any point of time.
If Police refused to lodge FIR on your SIL complaint file private complaint before magistrate under section 156(3) cr pc to direct police to investigate and submit report
2) as far as FIR filed by brother is concerned file petition in HC for quashing under section 472 of cr pc
3) also complain to police commissioner against police refusal to lodge FIR
Dear Client,
When order is granted in SIL favor, u should have filed FIR for Criminal trespass, 323, 341, 506 IPC and Contmept of court for violating court`s order. Option is still available and valid, File Con tempt OF Court.
File Writ u/s 482 CrPC for cancellation of FIR.
Rest can be advised on perusal of court order.
1. Since FIR is registered take bail first to avoid police harassment.
2. once bail is taken which would be allowed soon you can breath a sign of relief and strategise next course of action.
3. Since there is a civil court order in your favour you can run the school as before and if they oppose you , police help can be sought for to enable you to run the school.
4. However since there is no connection with the FIR and the civil suit the quashing is not likely to be allowed though there is no harm in trying your luck once.
5. The Review petition will not stand and hence do not bother about it.
You need to file quashing of the FIR under section 482 of crpc in high court.
1. Directly reach high court under 482 C.R.P.C and pray for stay of investigation and quashing of FIR, also direction to restrict police on arrest under the FIR can be sought from high court as it is clear from that the FIR has been filed with the intent to harass and doesn't have legal sanity.
The complaint himself has defied court order and tried to breach the order of court when it was announced in open court and it is effective till it is not reversed so other way around the brother has trespassed. File a Contempt and execution petition for the same order of civil court ifthere is no stay on order in the review and the review is most likely to get dismissed when there are no merits or no new discovery.
Also if police has not taken any action in your complaint take direction from HC for FIR under criminal writ petition or directly file Complaint under 156(3) to the jurisdictional ,magistrate along with all the complaint copies sent to police.
The judgment given in civil court is different to that of the criminal complaint filed by them
Your son in law should not have rushed to the spot immediately after getting the judgment in his favor.
There is a procedure to be followed in this regard.
He fought the legal battle for years and he could have observed patience for a little more time to execute the court decree properly as per law.
Because the opposite party has right to prefer an appeal against the aggrieved judgment and the limitation for that is one month from the date of receipt of court order if appeal is preferred in the district court and it is 60 days if the appeal liable in the high court.
Now they have to challenge the criminal case in the trial court accordingly because there is no ingredient in this to file a petition to quash the FIR, and any action taken in this regard may not yield any fruit as desired.
You may discuss with your advocate before initiating any action in furtherance.
The question of compromise doesnot arise,as the illegal occupant of the School correspondent has filed a review petition in the District Court,even before receiving the Court order and any compromise,will be used to their favour.Need guidance on quashing the FIR or how to go about it.We do not want the Stigma of this false FIR to be shown in our records at any point of time.
You do not have any strong grounds to file a petition seeking to quash FIR.
High courts do not entertain FIR quash petition as a routine.
Whether it is stigma or not the fact there is a criminal case pending against them which need to be handled/defended accordingly
If they have filed a review petition before district court, you can strongly object to it as per provisions of law and on merits in your side.