• How to close a falsified FIR

Hello All,

I am writing this to you regarding a question on What to do ? Or how to close the case quickly, if someone else have filed falsefully with an intention of just filing a case. 
The background would be, the person who filed a case is my paternal uncle, and our houses are next doors. As we still have a property discrepancy and Civil cases in court. I have moved from my native place to the city where I am working. 
As I am into IT, I frequently fly abroad. Hence some how my paternal uncle came to know about that I have recently got a chance to go to US for a longer period. As far as my understanding, my paternal uncle might have fell down somewhere or fought with someone, as he usually do that when he is drunk but filed a case on me that I fought with him and hurt him intentionally. 
So how do I solve this issue, as it may cause my Visa process to delay. Please suggest on how to close this case at earliest. As I checked with few local advocates and they are suggesting me to take it to court to prove that I am not guilty. Currently the Case is in Trial. 

The sections filed are, 294 (b), 323, 506 (1).
Asked 2 months ago in Criminal Law from Erode, Tamil Nadu
Religion: Hindu

If it is false and if the FIR and chargesheet would support your version then it can be closed. However it is a chance which can be taken after going through the documents.

Regards 

G.Rajaganapathy

Lawyer 

High Court of Madras 

Rajaganapathy Ganesan
Advocate, Chennai
1561 Answers
8 Consultations

4.9 on 5.0

Hello, 

Charge sheet has been filed or not? 

Are you on bail right now? 

when was the case filed? 

Share the copy of the FIR and the charge sheet. 

Sir you will have to share certain details and the documents for a concrete advise. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
17183 Answers
265 Consultations

5.0 on 5.0

A petition for quashing the fir myst be filed by you in the high court. Your presence must be shown and on that basis tge fir would be quashed.

Regards 

Rahul Mishra
Advocate, Lucknow
4732 Answers
11 Consultations

5.0 on 5.0

1) criminal cases take 10 years to be disposed of 

 

2)after filing FIR police conduct investigations and file charge sheet 

 

3) if police do not find evidence they would file closure report 

Ajay Sethi
Advocate, Mumbai
68062 Answers
4111 Consultations

5.0 on 5.0

Was you in the city/native place , when incident happen ? Plea alibi, best defense.

Yogendra Singh Rajawat
Advocate, Jaipur
13950 Answers
18 Consultations

4.6 on 5.0

You need to go for quashing in high court if the opponent is ready you can do by consent quashing. You can also file for discharge if charge is not framed. 

Prashant Nayak
Advocate, Mumbai
13729 Answers
23 Consultations

4.6 on 5.0

You can file for quashing of FIR in high court but it must be file before hon'ble high court before chargesheet filed by investigation officer. 

Mohammed Mujeeb
Advocate, Hyderabad
11004 Answers
4 Consultations

4.5 on 5.0

See you can file.for quashing on contested.grounds before the high court and if uncle is ready to.settle the case consent quashing can be filed before the high court.

File before high court for quashing.and stay for trial.

Shubham Jhajharia
Advocate, Ahmedabad
20180 Answers
80 Consultations

5.0 on 5.0

Dear,

       If you have proofs of your innocence, then why you take tension.

       In investigation present all the proofs, if police find you no guilty 

       Than file clousre  report in court.

        After that you are also free from that case.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

If the police has registered FIR then yo may have to obtain AB first and then challenge the same through trial proceedings or if you are confident that this is a false case and you were not present in the site of the alleged incident you may file a petition under section 482 Cr.p.c. to quash FIR with the support of the documentary evidences in your side. 

You may consult your advocate on all such further issues.

T Kalaiselvan
Advocate, Vellore
57773 Answers
730 Consultations

5.0 on 5.0

Dear

In this case your uncle have filed the FIR just to put pressure on you for withdrawal of Civil case between you because he knows that FIR against you will delay the visa processing.

You should try to create some evidence that at the time of FIR incident you were out of town so you should be discharge from current FIR.

Or

You should ask your uncle for compromise and give statement that the complaint was filed on you by mistake as it was someone else who have attacked him and at that time you were out of town and he was under the influence of alcohol.

Mohit Kapoor
Advocate, Rohtak
4213 Answers
1 Consultation

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that the case has been filed just to stop your progress with evil intention.
  2. You are right, and have been guided in wrong way as proving yourself innocent in trial court would take years.
  3. In fact, I am sure that there is nothing in police report which would prove your action on him.
  4. You should approach the Hon’ble High Court for quashing of the proceedings on merits and stay the same till the time petition in Hon’ble HC gets decided.

Sanjay Baniwal
Advocate, South Delhi
4923 Answers
11 Consultations

5.0 on 5.0

Notice will be send to the opposite party, if he does not receive the notice then the court will proceed ex parte. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
17183 Answers
265 Consultations

5.0 on 5.0

The opponent party in consent quashing has to give it's consent for the divorce.

See if it is contested quashing then in that case you can plead alibi and can pray before court to quash the FIR.

Shubham Jhajharia
Advocate, Ahmedabad
20180 Answers
80 Consultations

5.0 on 5.0

You have to serve copy of petition to complainant also 

 

court would hear public prosecutor and complainant before passing orders 

 

if there are no allegations in FIR against you HC may quashFIR 

Ajay Sethi
Advocate, Mumbai
68062 Answers
4111 Consultations

5.0 on 5.0

In the petition filed under section 482 cr.p.c. seeking to quash FIR, the high court will send notices to the police and the defacto complainant.

The high court will decide and dispose the cae only after hearing all the parties to the case.

You may have to engage the services of a skilled lawyer in high court to take up your case.

Even slight lapse on the part of you would become fatal to your case hence you got to draft the case strongly in the petition.

For your information, generally the high courts do not entertain FIR quashing as a routine, hence it is advisable that you wait for the police to file charge sheet and apply for quashing of the charge sheet.

 

T Kalaiselvan
Advocate, Vellore
57773 Answers
730 Consultations

5.0 on 5.0

petition u/s 482 of cr.p.c before hone'ble high court with affidavit if there is compromise,you have to file affidavit of complainant and victims if any in support of our petition.on satisfaction of the court will deliver just and proper verdict. 

Mohammed Mujeeb
Advocate, Hyderabad
11004 Answers
4 Consultations

4.5 on 5.0

You need to show the high court that prima facie no case is made out and the said FIR is false

 No need of opponents.

You can also file joint quashing if you have settlement done with opponents

Prashant Nayak
Advocate, Mumbai
13729 Answers
23 Consultations

4.6 on 5.0

Notice will issue to opposite party, if not appeard , court will pass ex parte order.

Mere defence of alibi wont work, evidence in support it is must.

Yogendra Singh Rajawat
Advocate, Jaipur
13950 Answers
18 Consultations

4.6 on 5.0

In fir quashing application the court issues notices to the state. The court shall consider the application and your plea of alibi and quash the fir.

Regards 

Rahul Mishra
Advocate, Lucknow
4732 Answers
11 Consultations

5.0 on 5.0

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