• 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 5 days 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
1458 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
16748 Answers
254 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
4125 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
65484 Answers
3961 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
12259 Answers
13 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
11674 Answers
18 Consultations

4.8 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
9365 Answers
3 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
18253 Answers
71 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
734 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
55311 Answers
674 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
2692 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
4787 Answers
11 Consultations

5.0 on 5.0

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