• False FIR filed against me in city in Maharashtra

I am an American citizen, an NRI who , after visiting my family in India last year, an unknown person filed an FIR against me stating I slapped him and beat him up in a Mall and threatened him. Written in a dramatic Bollywood style, this gentleman who filed the FIR, appears to be an uneducated person. At least his language suggests that. Anyway I have never seen him in my life, neither have I hit him or any other human in my life. I believe the motive was to extort money from me/ my family in India. My question is what is the legal remedy against such blatantly false and frivolous FIR. What best can be done to quash / get the FIR to be withdrawn by law. I believe this is nothing but pure harrassment by the person who filed FIR. I am an elderly person, close to becoming a senior citizen.
Asked 4 years ago in Criminal Law
Religion: Christian

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18 Answers

At the time of incident where was you ? Also mere slap dose not attract major offense neither FIR registers without permission of magistrate.

Do you have copy of FIR ?

Incident allege in mall, your presence in CCTV footage not available, police will check it to verify allegations and will dismiss the complaint.

Plea of alibi will be your defense.

Yogendra Singh Rajawat
Advocate, Jaipur
22630 Answers
31 Consultations

4.4 on 5.0

Hi, first you go through the contents of the Complaint and there is no specific allegation against you, then you can file a Petition under section 482 of the Cr.p.c before the High Court for quashing the FIR. 

 

 

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
335 Consultations

4.5 on 5.0

Hi,

You are suggested to file the case of quashing of FIR in the high court. You need to submit all available proof with you, showing your innocence. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Wait for police investigations to be completed and charge sheet or closure report filed 

 

then based on legal advice file for quashing in HC or discharge before trial court 

Ajay Sethi
Advocate, Mumbai
94691 Answers
7527 Consultations

5.0 on 5.0

Firstly, you'll need to procure documentary evidence that you are not involved in the matter as alleged in the FIR in any manner whatsoever. Your alibi would help you a lot. Also, you can write a letter to the police to get the CCTV footage of the mall.  If you cannot be seen entering or leaving the mall, there are no chances of him being hit by you. After you have the said evidences in your favour, you can file a petition under section 482 CrPC for quashing of FIR in High Court.

 

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

1.  Mere filing of an FIR, does not constitute as a Criminal Offence. The Police would have to investigate, collect evidences, record the event statements of the Complainant and his witnesses, relating to the incident.

2. Consequent to the above, accused party would be summoned and his statement would be recorded.

3. YES. FIR can be quashed via a application u/s 482 Cr.P.C., filed before the High Court, by providing proper reasoning's and justifications.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Since you in cross border police can not do anything. Extradition will take long time.

Wait till police file chage sheet in court and court summons you. 

If police do not file charge sheet for long time file petition in high court for quashing the Fir.

Even now you can file petition in high court for quashing but high generally does not allow such petition unless filling charge sheet is long pending or it is prima facie evident that FIR is false and frivolous.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

If you have a strong evidence that at the time of FIR your were not present in India or the spot then it can be quashed through HC or discharged through trial court

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

You can Check the status of FIR online.

If the investigation is completed the IO will file Charge Sheet / Closure Report. 

If charge sheet is filed, you will be given copy of the same, based on the report you can go for quash / file discharge petition before the trial court itself (As applicable).

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

See you need to seek anticipatory bail to avoid arrest when you visit India further you can file quashing petition before the high court as the FIR is false and there is no evidence of same.

Further if same is not quashed you can take order of high court to expedite the matter. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

If you were at that moment not in town where the complaint was lodged raise a plea of alibi and approach the high court for quashing of the complaint under Sec 482 CrPC.

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

5.0 on 5.0

If he doesn't know you you have no connection with him then where were you on the date of the incident as mentioned in the FIR?

If you can show that you were not present at the place of incident then the fir would be quashed.

Maybe some one close to you is trying to harass you.

Regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

- It is looking , that the said person has conspired with the police official , with the motive of extort money from you.

- This is a fit case for quashing from the High court. 

- Before , filing the petition for quashing , you should lodge your complaint with the police after narrating all the true facts , for tried to extort money and to threaten to implice in false cases. 

- Firstly, check the details of FIR , for knowing the sections etc. 

 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

Dear Concern,

01. First among all, move an application for the revision of this FIR registration before the Session Judge under section 397 of the CrPC and try getting this application quashed from there. 

02. Simultaneously file a case of defamation and mental harassment and seek compensation in tune to 10 times what your net value is at present. Like for e.g. if you are earning 06 lakh rupees per annum then file a defamation case of 60 lakh rupees in against the concern. 

03. Once you get to come out of this case by the way of criminal revision filed before the session judge file another case in against the concern for bringing false case based on the false evidence so that he may get punished under the law. 

Pulkit Prakash
Advocate, Delhi
309 Answers
7 Consultations

5.0 on 5.0

Making an alleged accused in the FIR does not mean that you are an accused in the criminal case. Only after trial the court deiced the case on merit. 

you can file 482 petition before high court for quashing of fir. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Since you are an American citizen, better  dont be bothered about it and remain in that country itself.

The police cannot trace you out if you are not receiving the notices served to your Indian address.

For filing a quash petition to quash FIR or charge sheet you may have to remain in India and may not be allowed to travel back till the criminal case is disposed.

You may even have to obtain anticipatory bail for participating in the criminal case trial proceedings without which you may even be arrested by police, hence to avoid all such complications you may decide about what is best option before you and act accordingly. 

 

T Kalaiselvan
Advocate, Vellore
84892 Answers
2190 Consultations

5.0 on 5.0

You should ask police to collect the CCTV footage of the day when that person is saying that you slapped him. 

You can for quashing of FIR in High court but before that police can file challan in your favour and discharge you during investigation.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

1. What section is the FIR filed under?

2. Quashing of FIR can be done only by the High Court if no prima facie case is made out or FIR on the face of it appears to be malicious.

3. At first you should apply for and obtain bail in the case so that warrant is not issued against you.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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