Yes, you can move before high court for quashing the FIR. It also appears that your previous complaints and litigation history shall help you in making it a bogus complaint filed by him.
FACTS 1. I have made several police complaints against my neighbour who belongs to SC category. My neighbour keeps on damaging the street outside my house and throws garbage outside my house. 2. In 2017 he made a complaint against me in police under Atrocity Act and there was a compromise and I had to take all the complaints against him back. This time again this is happening. 3. A Kalandra against my neighbour is already made and he has also furnished a bond in SDM court. 4. Recently I made a complaint against him and then to blackmail me he made a complaint under SC ST Act. FIR was registered in 1 day. 4. I am contemplating moving Delhi High Court on this to get the FIR quashed since no enquiry of DSP was done before making FIR. Also there are other previous documents to substantiate my claim. QUERIES 1. What are the chances of quashing of FIR in High Court on the basis of Kalandra and other complaints that I have made against my neighbour who belongs to SC category? 2. Whether previous compromise is relevant considering that I was made to take all my complaints back against this neighbour of mine who misused the Atrocity Act? 3. Will the High Court quash the FIR since SC ST Act has been misused for the second time?
Yes, you can move before high court for quashing the FIR. It also appears that your previous complaints and litigation history shall help you in making it a bogus complaint filed by him.
1. You are entitled to get the FIR quashed, PROVIDED you provide documentary evidences and proper witnesses statement, in support of your claim, against your nefarious neighbor.
2. Install a high quality IR CCTV system, and record his nefarious movements and use this as evidence, for future. Also persuade few neighbors to give witness statement against this nefarious neighbor.
3. However,note that it is better to refrain yourself into getting entangled into this Atrocity Act matters, since the law usually presumes, against you.
Pre inquiry by DSP was ordered by SC against which amendment is done which is before SC whether to declare amendment unconstitutional or not. And no stay granted by court so at present no pre inquiry require. File quash petition , court will go through the record and as per my understanding, it will not hard for court to u deduce, FIR is misuse of SC ST act. And may quash it.
1. In light of the facts mentioned by you, their are high chances that the FIR will get quashed.
2. Yes it is relevant as you will be able to show the nature of the complainant.
3. The court might. There is no surety, but the chances are high.
regards
1. If there is several complaints pending against your neighbour and a civil dispute is raging between you for some time then there is great scope for quashing. However without seeing the contents of the FIR no proper advice on merit of the case can be said.
2. Yes, it s indeed would help you in quashing the case.
3. Without seeing the FIR nothing can be said for sure.
Thank you. 1. What is the relevance of the Kalandra that is against my neighbour for threatening me for my life? 2. Does Kalandra against my neighbour in SDM Court amounts to litigation process?
Yes that does amount to a case.
you can use this fact before the HC saying that to wreak vengeance a case has been filed against you.
regards
1) quashing is to be done only in exceptional circumstances
2) wait for police investigations to be completed then file for quashing in HC
3) previous complaint and compromise are relevant
4) quashing is at discretion of high court
That will also consider by HC, as I said, court to go through the series of incident and than will decide on merit and prevailing circumstances.
It is prohibition for 6 mothns issued to maintain peace and avoide any nuisance . This amounts to conviction order and he submitted bond of non repetition.
It is of course a notice issued under crpc. It does set criminal law into motion. That is going to help you or not is a question of pure documents.
1. See there is good chance you will get stay on trial and court may quash the FIR against you.
2. That can be taken as ground in the quashing petition.
3. It may based on grounds , allegations in FIR and your defence and documents.
1. See it would be relevant he has furnished bond also court may take same into consideration.
2.Yes in same proceeding is there and the court may investigate though only interim orders are made in same.
1. Its a recording of complaint by police under Non cognizable offence category. it s called General Diary entry in many states like West Bengal.
2. On this basis no case is initiated.
1. The chances of quashing of FIR in High Court depends on how you put forward your case before the honorable High Court. Your previous complaints against your neighbour would definitely help you in your case to prove that FIR has been lodged to wreak vengeance. You'll have to prove before the court that no prima facie case has been made out against you and all. Also, Entire case file needs to be perused in order to give you more concrete opinion in this matter.
2. The previous complaint made against your neighbour would be very relevant to prove that the complainant is trying to give a civil dispute a criminal nature and thereby abusing the process of law.
3. I cannot comment whether the FIR is going to be quashed or not without seeing the case file.
1. It would be relevant to prove that your neighbour is trying to to implicate you in false criminal cases o wing to your previous civil disputes
2. Yes, but it depends on what the proceedings were.
1. Since this is a very early stage, ther are very little chances to get the FIR quashed, it is better you wait for the charge sheet to be filed after which you may file a petition to quash charge sheet based on the false information which would be found in the charge sheet.
2. This may make an adverse impact to your case hence you better do not refer to that at this stage.
3. There are little chances to quash FIR because the previous time you only withdrew the complaint against him hence he withdrew the complaint against you on the compromise.
1. You can utilise the same at the time trial proceedings so that you can defend your interests accordingly.
2. It may not be very relevant or effective as a regular court. It is just a notice to prevent petty issues. under section 107 or 151 cr.p.c.
1. Chances are good but quashing again is discretion of HC.
2. It can be placed that your were compelled as said attrocity law is draconian and one sided.
3. It can quash if prima face the FIR doesn't have a prima face ingredients of attrocity.
The quashing of an FIR can only be done by the Delhi High Court in a Petition under Section 482 of the Code of Criminal Procedure, unfortunately the trend in the Delhi High Court is that a petition under Section 482 of CRPC for quashing of an FIR is generally not entertained until the charge sheet has been filed in the FIR but like i said it a general trend,
but if you have a good case there is possibility that the FIR be quashed.
Dear Client