Dear mukesh ji, you can proceed to file an application under section 482 crpc for quashing of FIR.
False FIR of 353/188/186/506/34
Dear all, during m.p.election dec2018.i was on way to home .a perosn on election duty .i had argument on my personal bag of clothe .immediately police lodged FIR on me and my brother 353/186/188/506/34.police shown arrested and then released. Police has placed chargesheet and magistrate given bail.my borther recordered all in mobile .there was not a single word was wrong.no force use..kindly suggest how to process ahead to quash .Regards Mukesh
Asked 7 years ago in Criminal Law
Religion: Hindu
8 Answers
a quashing petition before the high court on the ground that false FIR has been filed there was no obstruction of duty neither there was any criminal force against the public servant
But in your case since the chargesheet is filed I would suggest to file a discharge petition before the trial court as high court can reject quashing on alternate remedy ground so first file a discharge.
Further was the vedio provided to IO before submitting chargesheet and what are content of the chargesheet.
For quashing of FIR, you need to approach high court order Section 482 of cr p c.
1) wait for police investigations to be completed and charge sheet filed
2) then only file for quashing in HC
3) HC is reluctant to quash FIR pending completion of investigations
Dear Client,
Charge sheet dose not file so soon. Approach HC for quash of FIR and if charge sheet submitted than file application of discharge.
Best would be for you to compromise with your complainant and get B report before court case.
Alternately try to close case with the police station.
353 means cops accuse you of manhandling them or other public officials while they were performing duties so if you “persuade” the cop to dismiss the case, the cop generally will.
You can either file a criminal writ of Mandamus or Certiorari to quash the false FIR under section 353 and 506 of IPC against you by the police or file section 482 Cr.P.C petition(inherent powers of the criminal court under Cr.P.C to quash the false FIR booked by the police against you.
Challenge the chargesheet by way of approaching the High Court and invoking its jurisdiction under section 482 crpc.
Alternatively, you may move a discharge application before the Magistrate.
Contact a local lawyer.
The recorded version of the events may be of some help to you.
However you may wait until the charge sheet is filed by the police for applying for quash of the charge sheet because high courts do not entertain FIR quash as a routine.
