My mother purchased an agricultural land from a person dinesh in 1986 and converted it in residential later . In 1995 brothers of dinesh filed a case against the pieces of land which were adjacent. In 1999 the court declares the piece of land purchased by mother to be in my mother's possession only. Dinesh died in 2007. In 2017 the son of dinesh filed a civil suite in the court saying that " HIS FATHER SOLD THAT PIECE OF LAND TO MY MOTHER,BUT SINCE SHE IS A GENERAL CASTE ,THE LAND BE GIVEN TO THEM !" The civil case hasn't been submitted yet though the dates are going on(this is different matter as it is civil suit). Later he filed an FIR saying that " THE REGISTRY IS BOGUS AND HIS FATHER WAS MENTALLY RETARDED !" He arranged a bogus mentally retarded certificate from some where but I know his father was in healthy condition as he sold other lands back in 1990s. Two GAWAAH of 1986 registry had written affidavit in our favour that regitry is authentic and happened before them and dinesh was not mentally retarded. Now, in the FIR investigation,police is asking for fsl test... Of signature .We are ok with it... Provided it is fair . The way his son has made bogus certificate of his father being mental,I am a bit concerned. Moreover,in registry in that time in 1986 the buyer had no signature in registry but police is saying it must have sign of buyer but I have seen 20 such registry in which there was no sign of buyer which was normal those days. My question is... Since his son is saying in civil suit that MY FATHER SOLD THE LAND BUT MY MOTHER IS GENERAL SO THAT PURCHASE SHOULD BE CANCELLED... And in FIR he is saying that THE REGISTRY IS ITSELF BOGUS AND HIS FATHER NOT SOLD IT ... These two statements are contradictory so can the FIR could be Quashed (cancelled) from high court ?
Sir file a quashing petition before the high court as there are evidence supporting you as registry is done and registered witness are there so you can also dispute the certificate he made as forged and illegal.
Further the statement in the suit and FIR are contradictory and both are on record and further earlier order of court shall support the case.
It would be better for you to take proper legal guidelines by showing complete files of your case to an advocate so that you can take a right path to handle your issues. Vague answers will not give you the exact relief .
quashing is to be done only in exceptional circumstances
2) HC is reluctant to quash FIR till completion of investigations
3) wait for investigations to be completed and charge sheet filed
4) then file for quashing
This FIR will not be entertained by the police as he has to claim registry to be revoked by the Civil Court both the grounds will stand in the court and may be dismissed by the court if contested properly.
Dear sir,
You can quashing the proceedings before the Hon’ble High court along with supporting evidence where such documents have been registered which is forged and illegal. Which the statement in the suit and first information report are contradictory to each other which will corroborate the case as per section 157 of Indian evidence act.
Dear Client,
Signature of buyer is mandatory or thumb impression. If you have/know many such registry than it will justify.
You better approach High Court for quashing of FIR, matter is delayed and barred by limitation and police is proceeding in connivance with dinesh son.
FIR is not maintainable as the same is contradictory to his statement in civil suit.
The FIR has not much merit . SO do not get much concerned out of it.
First take bail if it is not taken as yet.
If take then cooperate with the investigation.
Since the first civil suit was in your favour the criminal case or the subsequent civil suit does not stand much chance of success.
Since this is primarily a civil dispute you can try your luck by quashing after charge sheet is submitted.
Hello,
yes you can approach the High Court for getting the FIR quashed on the ground that the same has been filed vexatiously in order to wreak vengeance and to obtain ulterior motives.
Regards
wait for investigations to be completed and charge sheet filed ,then file for quashing
approach High Court for quashing of FIR
in My considered opinion drawn upon on the basis of facts revealed in your query you have prima face good case to file petition before Hon’ble High Court under section 482 for the quashment of FIR.
(I) FIR is based upon after thought story.
(II) Dispute is completely civil in nature.
(III) Just to harras and to create undue pressure FIR/ Criminal colour is given.
(IV) Act will jeopardise the constitutional rights.
And many other grounds can be raised to assail the FIR.
You may challenge this FIR in a FIR quashing petition before the High Court and take chance saying that the very fact that there's an inconsistency between the complainant's stand as disclosed in the FIR and the civil suit, it is amply evident that the FIR is bogus.
If this matter is properly argued with evidence then the high court may allow the quash petition and pass an order to quash the FIR because there are very strong evidences supporting your claim.
Even if the high court is not entertaining the petition, you may challenge the same in the trial court where the complainant may not be maintainable and it would be dismissed.
