complainant presence is necessary for quashing FIR on basis of settlement arrived at
2) dont make any payment to her
3) contest false case filed by her
4) burden of proof is upon prosecution to prove allegations beyond reasonable doubt
Help on
Hi, Last year One girl filed a complaint against me stating I cheated her in the name of marriage. We were in love for a month but due to her arrogant behaviour I did not proceed further. No physical relationship and no money transfer happened but still police filed a case in section 420. I was in jail for 7days and I came out on bail. After 1 year, now she is demanding 4 Lakhs to withdraw the case. I agreed to pay her the amount via DD but she got angry and said "You are not believing me that's why you are telling you will pay by DD, so better pay 4.5 Lakhs in Cash if you want me to withdraw the case." She is demanding that she needs the cash before she comes to the court for withdrawal. Please guide me on how to proceed, 1. Is there any way we can quash FIR without the complainant? 2. Shall I believe her and give the cash to her? What if she doesn't come to the court? Kindly call me for more details. Am very much confused and depressed on the situation now.
Asked 6 years ago in Criminal Law
Religion: Hindu
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6 Answers
I don`t understand where 420 case made out against you. No physical relation neither long time spend ? What short of cheating committed in this.
Where you deceived to deliver any property ? I don`t incline to pay her a single penny.
Even in case you have to pay her than after withdrawal and via cheque or DD. no cash.
You should apply for quash of trial.
You can quash the case as there is no merits. Don't pay any amount to her contest the case in court
1. No, FIR can not be quashed without the complainant
2. No, please do not do any dealing in case. You will not be in a condition to do anything of she denied this fact in the court.
You may get in touch for detail advise.
Regards s
FIR can only be quashed by High Court if both parties submit that they have settles the case amicably. She is again cheating you by demanding the money in cash. Don't give her any money till FIR is quashed. In fact, you should contest the case and will be acquitted. Avoid her so that she may not involve you in any other matter.
You can file a petition before high court under section 482 seeking quash of the charge sheet but it should have been done before filing of the same before the trial court.
You may consult your advocate on this and proceed.
If you dont trust her then better do not accept her demand, she may not turn up and she may be in the idea of extorting more money from utilising your weakness and helplessness.
If you want to clarify anything then you may contact any advocate of this forum
