File petition to quash FIR in high court.
A complaint was filed with UGC anti ragging cell ,by a student.There were some gender discriminatory rules ,being enforced on the campus,by a gang of guys.A girl questioned these and this made two of the gang members threaten her.She filed a case with UGC anti ragging cell.The guys confessed to this,to the anti ragging cell of the college.Thereafter,the boys apologized and wanted the case to be withdrawn.Upon understanding that the guys are not evil and they didn't mean to hurt her,she wanted to withdraw the complaint against them,but apparently such a complaint cannot be withdrawn.Is there any way to quash the FIR?
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File petition to quash FIR in high court.
In the high court a quashing petition can be filed.under writ jurisdiction on ground of consent quashing the court shall quash the FIR and proceedings there of.
If the FIR has been registered then the boy should file a petition for FIR quashing and the girl before the HC shall undertake to take back the complaint and thereafter the same can be quashed.
if an FIR has been lodged based upon the complaint, the girl should go to the police station and file an application of compromise and withdraw the FIR. if the investigation has begun and the guys are being arrested/investigated, a petition must be filed in the HC for quashing the FIR stating the reasons stated hereinabove. the HC will quash the FIR.
1) If its under UGC rules than you have to obey from next time don't make any serious crime that can be affect your carrier.
2) Do perform well in this educational year and don't take case out of UGC.
1. Under what sections has the FIR been lodged if at all it has been lodged. If the FIR has been lodged under non-compoundable sections then only the High Court can quash it. To this end a quashing petition on the basis of compromise can be filed in the High Court under Section 482 Cr.P.C.
2. Anti-ragging cell of the university can, regardless of the withdrawal of complaint by the victim, recommend/impose punishment of termination/suspension of the accused in the larger interest of the students and the college.
File petition in HC to quash FIR
2) enclose consent t affidavit of the complainant
3) personal presence of complainant would be necessary at time of hearing of petition filed under section 482 of cr pc
1. Only the compoundable offence can not compromised in court but non compundable offence can not be settled in criminal court.
2. in such cases if the crime is not heinous and private in nature then the same can be quashed on mutual consent in court.
3. However the ragging is considered as a social evil and I wonder the high court would allow the quashing as well considering the guidelines set forth in Gyan Sings vs Sate of P & H case.
4. In that event it has to be done through trial where the complainant would not press charges.
Any crime is the crime against the state and cannot be withdrawn by the complainant the court will take its own course after the investigation report to punish them or aquit them
1. In normal course such complaints cannot be withdrawn. HOWEVER, File a Writ Petition before the High Court, with proper affidavit of the complainant about unconditional withdrawal giving cogent reasons. Also undertake to do local community service, as the court may direct to.
2. The Court would consider it and order appropriately. High Court has already quashed some proceedings, by warning & directing the accused to do community service, in few other cases.
Keep Smiling .... Hemant Agarwal
Firslty, it is true that once the FIR has been filed, and you have withdraw it due to some reason or compromise between the parties then also it doesn’t mean that the same has been quashed.
Secondly, you may have to approach the Hon’ble High Court under section 482 of the Cr P C.
Thirdly, you may also be asked to enter into an compromise deed then put that as the part of the quashing petition, and get the same be quashed.
Compounding of offense is permissible. Under what sections FIR filed ?
If the complainant cannot be withdrawn then the accused guys have to approach high court seeking to quash the charges or FIR against them by filing a petition under section 482 cr.p.c.
The girl may appear before high court and give an affidavit stating that she has no objection to admission of th quash petition and she has taken this decision owing to the guys tendering an unconditional apology and also considering their future and career.
This step may be of some use to them to get out of the crisis.
Yes fir can be quashed, you would have to file petition u/s 482 crpc in high court for quashing of fir providing the circumstnces
Is the FIR registered by UGC anti ragging cell? You may submit polite application UGC anti ragging cell requesting to dispose of the complaint filed by girl.