Hi all, There is a FIR against me lodged by Passport Office on complain of Wife. The Marital Status on Passport is Single though i was Married (This situation arose as i did not had Marriage Certificate at time of Passport Renewal in Tatkal as Marital Dispute was going on). The police station related to FIR is yet to submit a report and says they are waiting for some court to request for Final Report. However i had applied for Quashing of FIR in HC. Now the wife is ready for settlement with money. She is ready to mention in settlement agreement that she is willing to take all complains back including Passport related FIR complain. 1) The question is how can i use this settlement opportunity to get this FIR against me quashed ? What is the process ? 2) Will FIR be quashed in Police Station of HC ? 3) I was thinking, if wife writes an affidavit that she wants to withdraw this complain will FIR be quashed given that "Passport office did FIR on complain of wife" ? The Passport office lawyer always appears in HC. 4) What other important points should be included in Settlement Agreement apart from withdrawal of cases ?
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1) consent terms entered into between you and your wife should be enclosed to quashing petition
2) wife can file consent affidavit that she has no objections to FIR being quashed
3) FIR has to be quashed only in HC
4) it should be mentioned that x amount is paid in full and final settlement and wife undertakes not to file an6 cases against you in future
1. Since your marital status was married at the time of applying for its re issue of passport even if your wife takes back the complaint , you will have to correct the mistake with the permission of the passport authority. In passport dispute the problem in passport does not get resolved even of your wife consents to it
2. FIR can be quashed by high court with consent of the de facto complainant-wife.
3. On the basis of affidavit case u/s 498A IPC is not withdrawn or dismissed.
4. It is a long matter and all the matters of concern including stridhan and alimony issue must be dealt with in the mutual petition for divorce.
As of now not only wife is opposite party but passport authority as well.
If wife sign MOU for quashing of FIR against you than also passport authority will not withdraw case on your marital status you have declared single instead of married. They might impound or cancel the passport. That you have given false information to them.
So don't make settlement with your wife as of now ask her to first withdraw passport case and manage passport authority that your case in running in the court and whatever court order comes will submit in passport office and there was truly no marriage certificate available with you.
FIR which is last in the police station cannot be quashed by the police station itself however in your case this FIR is not for the gravis crime and you can get the FIR quashed by filing writ petition in High Court rest of your matrimonial disputes can we settle down in a different manner and in case you are right to any compromise formula then that will be submitted to the family court for disposal of your divorce case not updating marital status in passport may not create any problem in your other cases
Your wife is not law. Neither you. FIR once lodged can not be close by police. It is closed by court.
Further all such mutual agreement does bear any force of law due to many reasons one is agreement in restraint of legal proceedings is void. There are many other circumstances where such agreement turns into a piece of waste paper.
Advice:
Do not go for any settlement with your wife. Do not pay any money to her without court order.
Defend your passport case in court. It is not a very serious crime. You may get rid of it by paying fine only. Do not need to be scared.
1. See in case of passport complaint the department has filed the complaint in that case settlement with wife cannot help to quash the FIR.
2. Yes FIR shall be quashed in the high court.
3.No it won't be withdrawn the prosecution is lodged by the passport office.
1. It has to be termed as matrimonial dispute but providing false information cannot come under the same and it's difficult to be quashed.
2. Only in HC.
3.It will not be quashed by letter. She need to file joint quashing with you in HC.
4. Payment will only be received once all cases are quashed
It is advisable if your wife files an affidavit before the High Court in the proceedings of quashing of FIR.
She has to mention that she wishes to withdraw the proceedings against the husband in lieu of the settlement between the parties and wishes to withdraw all the cases against him and his family members (if any).
1. Even if there is a settlement between you and your wife it will not be binding on RPO so as to compel it to consent to the quashing of FIR.
2. If the FIR has been lodged by passport office then it will be free to continue the FIR regardless of any agreement between you and your wife.
1. If your wife is ready and willing to withdraw all the complaints against you, then she may have to file an affidavit before the high court where the quash case is going on stating that she has no objection towards the quash of the said criminal complaint against you and she has to be present before court to affirm this affidavit.
2. The non-compoundable cases cannot be quashed by the trial court hence only high court has power under section 482 cr.p.c. for this.
3. Let your wife file her affidavit before court as suggested, after that if the high court quashes the case then there is no necessity for the passport office to pursue the case.
4. The other important points would include the quantum of amount, mode of settlement, interval between the installment settlement, future cases against each other and any other issue as per prevailing circumstances.
Now withdrawal of complaint is not in her hand. Don`t settle unless FIR not quash.
Settlement is of no use, FIR is filed by PO and not wife.
FIR can quash by HC only or withdrawal by PO. Marital status is not material information, hence no major violation of PP act.
An FIR can be quashed by the High Court if the court is convinced that the person is innocent and has been falsely implicated..
not every criminal complaint can be withdrawn once registered.The offence which are compoundable can only be withdrawn else if the complaint provides for an information of a cognizable offence not compoundable then, you would be required to approach the Hon'ble High Court for the quashing of the same if, any FIR has been registered.
It will be easier to go for quashing in case you reach some settlement in your dispute.
Yes FIR can be quashed from High court.
In FIR from passport office you have to defend yourself by stating that it was inadvertently mentioned as single in your passport application.
The settlement amount should also be mentioned in your mutual consent divorce petition.
1) A follow up question, can this FIR not be quashed by Supreme Court under section 142 ? Settlement agreement is going on here. 2) If i check the respondents of my Quashing case i see one respondent as the State apart from other respondent i.e. Wife. What does State means is it the Passport office or the Police Station ? 3) If Passport Office is also ready to take complaint back then FIR can be quashed by HC? 4) How long do such quashing cases last ?
1) SC would not intervene . You have to file petition in HC
2) state would mean state of Maharashtra .
3) HC would quash it on basis of settlement arrived at with wife
4) it would take around 6 months
It can be quashed by even HC. It means the concerned passport authority. Yes FIR can be quashed by hc. It takes time depends on HC office assignments
1. See the complaint is passport authority so you can apply for quashing though it cannot be quashed on such grounds of settlement.
2. Passport office in your case.
3. If they settle it can be quashed.
4. Quashing case can go for 2-3 years or more.
1. 142 is a far fetched imagination. FIR can be quashed even by HC under 482 Cr.P.C but it is settled law that power under 482 Cr.P.C or 142 of COI is to be exercised judiciously and not in a whimsical manner.
2. State means the Passport Office.
3. Even if passport office is ready for quashing the HC may still not quash it if it comes to conclusion that it is an offence against the society. The Supreme Court has laid down that offences which are of either heinous nature or are offences against society should not be quashed.
Only way is by filing Quashing Petition in respective High Court of the State.
regional passport office.
Only HC Can Quash FIR/ Complaint On Settlement.
Time limit may take around 6-9 months for FIR quashing .
NO and High Court can quash u/s 482 but rare possibility has offense is apparent from the record.
State is govt. Offense is committed against the govt. PP office is govt. office.
If PP office is withdrawing FIR, best. No quash petition require.
1. You may have to apply for FIR quash before high court under section 482 cr.p.c.
2. The FIR was registered by police hence the state means the police only.
3. If the complainant has withdrawn the complaint then automatically there is no case however if a FIR was registered then the police has to file a closure report based on the withdrawal of the complaint.
.4 .If it is posted on the list and both the respondents appear, it my be disposed within one or two hearings.
Yes supreme court can order for quashing of FIR if settlement is done.
It means the state which include passport office and prosecution.
Based on the settlement between the parties that matter can be quashed by the High Court under section 482 of Cr.P.C or under Article 226/227 of Constitution of India. once the FIR shall be quashed, all the collateral proceedings shall also be quashed so no need to worry, if you and your wife has settled the matter amicably than file the quashing petition before the High Court.
In the Passport application form does not require the applicant to provide the name of her/his spouse in case of separated or divorced persons. Such applicants for passports would not be required to provide even the Divorce Decree and based on this the FIR can not be lodge against the applicant.
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Dear Sir,
They might impound or cancel the passport. That you have given false information to them.If wife sign MOU for quashing of FIR against you than also passport authority will not withdraw case on your marital status you have declared single instead of married.
