Yes it is possible to make individual settlement and go for quashing in High court if case is for minor offence but it is preferable to go for complete settlement if possible.
Hello , My name is Rohan, I am from Jamanagar village. 3 years ago a person filed false Atrocity FIR against group of 10 People including my name. Case is pending in high court. After loosing so many opportunities now I am getting government job so I want to know is it possible to do individual name settlement or case Quashing. Thank you so much for your time and consideration. Thanks Rohan
Yes it is possible to make individual settlement and go for quashing in High court if case is for minor offence but it is preferable to go for complete settlement if possible.
Yes accused can individually file a quashing petition before the high court.
If complainant is ready to settle with you , you can file a consent quashing before high court on ground of settlement .
1. Quashing is permitted by high court only in exceptional cases and that too where the bare perusal of the FIR no cognizable offence is disclosed.
2. If the complainant agreeable then on his consent the case can be quashed by the court.
3. Without consent of the complainant quashing of the case is very unlikely and that too for the sole person.
individually you can file for quashing. a high court can quash an FIR if it thinks that the FIR which has been lodged is a false one and was done with the sole motive to defame and trouble the aggrieved person.
You need to file quashing petition in the High Court in this regard.
You have not mentioned in your query that why your partition is pending in High Court
Quashing is to be done only in exceptional circumstances
2) if there is settlement arrived atc HC can quash the FIR
You can file a petition seeking to quash the charges against you alone.
The Apex Court has also given Seven illustrative circumstances under which such interference may be justified. They are enumerated as under:
''(1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused.
(2) Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code.
(3) Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and made out a case against the accused.
(4) Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code.
(5) Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused.
(6) Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party.
(7) Where a criminal proceeding is manifestly attended with mala fide and / or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.'' Of the seven circumstances illustrated above the circumstances Nos.1, 5 and 7 are very assume important and relevant to the facts of the given case on hand.
Therefore you can apply for quash for your own case also.