• Quash of FIR in high court

Filled application in high court for queshing FIR under crpc 420 and 406 on basis of settlement ..pl. confirm is this ok as still police has not submitted challan in lower court... also not in jail
Asked 1 year ago in Criminal Law from Gwalior, Madhya Pradesh
Religion: Hindu

hello

if a settlement has been reached there is no need to file a petition for quashing the FIR. an application for compounding the offence due to settlement should be filed in the district court.

regards

Rahul Mishra
Advocate, Lucknow
4961 Answers
11 Consultations

5.0 on 5.0

Yes in offence of 420 and 406 ipc Fir can be quashed in lieu of settlement an affidavit of settlement signed by complainant and accused can be presented before the honble court.

Shubham Jhajharia
Advocate, Ahmedabad
20743 Answers
81 Consultations

5.0 on 5.0

Dear Client,

Petition is maintainable, The Supreme Court held that FIR can be quashed under S. 482 CrPC and Art. 226 of the Constitution in disputes which are substantially matrimonial in nature, or the civil property disputes with criminal facets, if the parties have entered into settlement.

Yogendra Singh Rajawat
Advocate, Jaipur
14442 Answers
19 Consultations

4.6 on 5.0

Hello,

No need of it. File a compromise petition with the permission of the court.

Regards

Swarupananda Neogi
Advocate, Kolkata
1113 Answers
2 Consultations

4.8 on 5.0

Hello,

if the FIR gets quashed on the basis of the order of the HC then you do not have to take any further step.

Keep the certified copy of the order handy with your self.

Regards

Anilesh Tewari
Advocate, New Delhi
17260 Answers
266 Consultations

5.0 on 5.0

1) To file an application before the Hon’ble High Court under section 482 of CRPC.

2) convince magistrate case is false and

hire a good criminal lawyer.

3) there is no order by the High Court for Quashing the FIR and it is still pending you can be arrested - depends on the nature of the offence though, Dont go to police for giving the application you will be arrested then and there if your offence is critical. Ideally you should have also applied for stay along with FIR Quashing application

Mohammed Mujeeb
Advocate, Hyderabad
11572 Answers
4 Consultations

4.5 on 5.0

Besides you may ask the complainant to file an affidavit mentioning that on a compromise the amount has been settled hence have no objection in quashing the FIR.

This will ensure the purpose solved.

T Kalaiselvan
Advocate, Vellore
58651 Answers
743 Consultations

5.0 on 5.0

Are you talking about section 420 &406 of IPC or CrPC?

If the FIR has been filed under 420 & 406 IPC and with the permission of the court you have reached to a settlement (compounded) with the other party. In this case you can move to High court for quashing of the FIR.

Mrinali Prasad
Advocate, New Delhi
20 Answers

Not rated

Hi, the petition under section 482 Crpc can be filed even before the filing of chargesheet..The high court has discretionary powers under 482 Crpc and can quash the FIR under same

Hemant Chaudhary
Advocate, Gurgaon
4306 Answers
31 Consultations

4.9 on 5.0

1) consent affidavit of complainant is necessary for quashing

2) further presence of complainant is necessary in court st time of hearing of your petition

Ajay Sethi
Advocate, Mumbai
68821 Answers
4143 Consultations

5.0 on 5.0

Offences under both sections mentioned by you—i.e., sections 406 and 420 of the Indian Penal Code (and not CrPC)—are compoundable (i.e., can be settled) but with the leave of the court before which the prosecution is pending. In such cases, an application for permission to compound the offence(s) in question is to be filed under section 320(2) before the court before which the case is pending.

Since the case isn’t pending before any court, the question is before which court is the said application to be filed? The answer is that you will have to wait for the filing of the chargesheet and the prosecution to begin for filing such an application.

But there is another option and that is to move the High Court under Section 482 for quashing of the FIR in view of the settlement (which is what you plan to do).

You would do well to cite the SC judgement reported as Narinder Singh and others Vs. State of Punjab and Anr. before the High Court. Although it deals with the quashing of non-compoundable offences, it exhorts (at para 27) High Courts to be liberal in quashing FIRs at the pre-chargesheet stage.

Here is a relevant extract from Narinder Singh (supra):

“27. At this juncture, we would also like to add that the timing of settlement would also play a crucial role. If the settlement is arrived at immediately after the alleged commission of the offence when the matter is still under investigation, the High Court may be somewhat liberal in accepting the settlement and quashing the proceedings/investigation. Of course, it would be after looking into the attendant circumstances as narrated in the previous paragraph.”

Pulkit Chandna
Advocate, New Delhi
161 Answers
2 Consultations

4.9 on 5.0

Yes, this will work, no problem.

Press your application in the High Court.

Vibhanshu Srivastava
Advocate, New Delhi
8734 Answers
144 Consultations

5.0 on 5.0

1. Ask the complainant to execute a Affidavit stating that he has no grievance with you in any manner and that the FIR was filed due to gross misunderstandings and that now everything is resolved between you people.

2. Ask the complainant to personally file the said affidavit with Police and withdraw the FIR. The Police can file Negative Report, with the local Court and withdraw the complaint, with the permission of the local magistrates court.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
2804 Answers
16 Consultations

5.0 on 5.0

Yes this can be done.

Prashant Nayak
Advocate, Mumbai
14372 Answers
24 Consultations

4.6 on 5.0

If there is a settlement thenthe quashing petition will be allowed to save you from bail.

Vimlesh Prasad Mishra
Advocate, Lucknow
5653 Answers
19 Consultations

4.9 on 5.0

It's ok.. the court may order for quashing of fir after recording the statements of both the parties regarding settlement of dispute

Deepak Sharma
Advocate, Delhi
7 Answers

Not rated

As your query reveals that

1. FIR is registered u/s 420 and 406

2. Compromised

3. No charge sheet have been filed

4. Accused not in jail

5. Filed an 482 application before Hon’ble High Court to quash FIR.

After considering the above mention Iam of the opinion that during the pendency of the investigation high court does not interfere excercising it’s jurisdiction u/s 482 CrPC.

Further it is advised that application of compromises should be filed before trial court at time filing of challan along with affidavit of complainant.

Arihant Nahar
Advocate, Indore
84 Answers

4.7 on 5.0

If compromise has been effected between the complainant and accused then a petition for FIR quashing can be filed in the High Court even if challan has not been filed.

Ashish Davessar
Advocate, Jaipur
26653 Answers
797 Consultations

5.0 on 5.0

Yes. There would be no problem if both the parties have enter into a settlement and police give their NOC in court. The criminal matter would be quashed henceforth by the high court.

Siddharth Jain
Advocate, New Delhi
4955 Answers
55 Consultations

5.0 on 5.0

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