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
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 4 years ago in Criminal Law
Religion: Hindu
20 Answers
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
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
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
Was you in the city/native place , when incident happen ? Plea alibi, best defense.
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.
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.
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.
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.
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.
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.
- 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.
- You are right, and have been guided in wrong way as proving yourself innocent in trial court would take years.
- In fact, I am sure that there is nothing in police report which would prove your action on him.
- 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.
to file a FIR quashing in High Court, is it mandatory that opponent party should also accept or how does this works ? Please explain.. As per FIR and my advocates statement, there is nothing concrete to prove me guilty. And i was out of town and i do not have any evidence for Plea alibi. So PLEASE GUIDE me to prove myself innocent and come out of this tension. Yes, i am in Bail now.. This FIR was filed before 7+ months..
Asked 4 years ago
Notice will be send to the opposite party, if he does not receive the notice then the court will proceed ex parte.
Regards
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.
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
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.
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.
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
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.
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