1 yes.
Yes
No if is registered inadvertently
No
Depends on lawyer tol awyer
Fir quashing possible in ipc 376/509 & sec. 6 of pocso?
1 of my friend was living in live in relationship with his girlfriend for 2 months in a rented house. Parents of girl were agreed with this relation but boy's relatives were not not accepting her. After 2 months on a small quarrel the girl called police and her parents and registered a case under 376/509 IPC and sec. 6 of POCSO. Boy got bail after 22 days of judicial custody and girl submitted that she is having no objection in bail if boy is ready to marry her. Now girl wants to withdraw the case but relatives of boy are not ready to file mutual petition to quash the FIR and want to register case against girl and her parents. Police has not submitted final report to court yet. My question is: 1) Can this FIR be quashed by Delhi High Court? 2) Can girl alone can apply for FIR quashing by accepting that she was influenced while filing FIR? Or they must file mutual petition? 3) Can court take legal action against the girl for registering false FIR? 4) Can she be sent to jail? 5) Is marriage must for this FIR quashing? 6) What will be the approx. fees of a lawyer for this FIR quashing in Delhi High Court?
Asked 6 years ago in Criminal Law
Religion: Hindu
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17 Answers
1-2) For quashing FIR both parties mutual MoU should be signed and that should be submitted in the court. In MoU you accept the terms and conditions of the complainant. So first read the MoU than proceed to quash.
3) For false FIR it must be proved first its false FIR in the court than she will be punished.
4) its depends upon questions 3 resolution.
5) What she wants and what terms and conditions she mention in MoU for quashing if that is main point of her than you have to marry her.
6) they lawyers fees are different from one to another minimum 25k to 2 lacks
1. FIR can be quashed if the girl is ready to record her statement in the court in favour of the boy,
2. Mutual petition is required,
3. No
4. NO
5. marriage is not must,
6. depends upon the lawyer (25 to 50 thousand)
Under no circumstances court can force you to marry.
Consensual sex is not rape.
High court generally does not quash any criminal proceeding except in rare circumstances.
Engage lawyer to defend the case in court.
Filing false allegations is an offence and can be punished by court.
You can file defamation case under both civil and criminal law.
HC can quash FIR based on settlement arrived at between parties
2) boy has to file for quashing. Girl can file consent affidavit
3) girl cannot file for quashing
4) no action can be taken against girl
5) she would not be sentenced to imprisonment
6) legal fees vary depending upon lawyer engaged by you
1. See though offences are grave but if girl affidavit she willingly on consent was with the boy and pressure of family she has filed complaint also she is not minor then in that case High court may quash the FIR though in case she is minor then it would be difficult.
2. The accused and complaint both can file together.
3. See court may take action but seeing the circumstances and accused will agree he shall not take any action then it can be quashed.
4. See let them go for quashing on consent then she won't be sent to jail.
5. No marriage is not must as such.
6. It is as per experience of lawyer you can talk to lawyers from delhi and can engage them.
Under this case can girl deny to continue case in trial court and say that she want to withdraw the case as she has inadvertently filed the case? She can do so on regular hearing only or there is process for doing the same earlier too? She is availing Govt. Lawyer only for this case. Can she speak against IO of this case as Lady IO of this case has herself made 50% of the case and behaving very badly with the complainant by dragging her hairs and slapping her?
Asked 6 years ago
If she with draw case than raising false case of 498a will be punished.
Either she has to quash the case or dismiss meanwhile.
Speaking against IO that is totally different track.
Once FIR is filed it cannot be withdrawn
2) you have to file for quashing of FIR in HC
3) complaint against IO can be made before commissioner of police
Once criminal case is put into motion, state takes the entire responsibility to proceed as per law as any crime is considered in law as against the state. Victim has no further role except in helping prosecution process either by himself or by appointing defacto lawyer in court.
Further to note that offence under sec 376 is not compoundable. Hence the girl can not apply for quashing rape charges.
See can be hostile in her witness before the court. This can be done in regular course for early quashing has to be filed
Yes the girl can give statement against IO.
- YES, as she has given her statement before the court at the time of bail , hence, the quashing depends upon the statement of Girl , otherwise , such type of offence cannot be quashed .
- No, the girl cannot approach for quashing . Her statement /affidavit should be filed with the petitiion.
- No, Court will not take any action for filing of FIR against her.
- How, there was already relationship on the pretext of marriage, and this period is not enough to prove the case against the girl.
- Yes , othewise depends upon the girls statement .Further there is section 6 of Posco as well . Hence, there is no other ground of quashing .
- No, the girl cannot withdraw the case in trial court as per law.
- During the trial of the case, the girl can depose against the said I.O.
Good luck and dont forget to rating Positively.
it is a 376 (Rape case), high court will not quash the case in 98% of the cases. However depending on case to case basis, the high court might quash the case if the girl admits that her life is getting spoiled because of ongoing case or that she told a lie before the police etc.
The quashing of FIR would be difficult in case of POCSO act as girl is still minor.
No for quashing of FIR advocates for both parties have to appear before the bench in high court.
Yes it depends on discretion of court. But chances are very very low.
No she would not be sent to jail.
if girl is below 18 then how can she marry at this age.
The approx fees would be 20 to 25 k for each advocate.
If girl is denying about the case and IO have make false case then a letter should be sent to Superintendent of police against IO and statement of girl should also be recorded in court against IO for manhandling her.
1. she (and her family members) can hostile of her statement during her evidence, which will help for the acquittal of the accused,
She can file the affidavit but it will be quashed by high court only. Yes she can speak against io but same is not required
1. If the boy's family are not ready for quash then how will the court quash the FIR, because the offence is rape and under POCSO act, hence without the girl's NOC by an affidavit the court may not be inclined to quash the FIR.
2. The girl cannot apply for quash since she is the defacto complainant and not the accused.
3. No, by withdrawing the complaint it cannot be said to be a false complaint.
4. No.
5. Not necessary.
6. It depends on the lawyer who you would be engaging for this purpose.
She can turn hostile during trial proceedings after which the court may dismiss or acquit the boy for the prosecution not proving the case.
The government lawyer or the public prosecutor only will be prosecuting the case, she can do so only during the trial proceedings and not before that.
She can very well narrate the incidents before the court and put blame on the IO, but the girl only came to the police station and not that she was dragged into the station to lodge a complaint against this boy, hence she has to be careful while making any such statement