Filing of FIR - Police have done it without conducting any investigation and have been one sided.
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.
Asked 4 years ago in Criminal Law
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.
Asked 4 years ago