Can false FIR be quashed which is present in lower court
Sir, police proved false FIR is truth.although so many contradiction points are strongly available, in the complaint , complainant did not mentioned any date of incident and time , as per police entry in the FIR incident occurred on 12/10/14 between 16:00 to 16:00. That is total time period of incident is 00:00 means no incident happened .and as per medical doctor incident happened on 11/10/12.complainant saying three people done fight and statement of witness saying only one person done fight.all are strongly opposed to each other and police blindly proved it true.
There is ground that dismissed the case in the court or further high court.
Asked in Criminal Law from Indore, Madhya Pradesh
1. I may inform that quashing is hardly allowed by court and it rarely intervenes if there is disputed facts involved.
2. So in my considered opinions filing a discharge application is better option.
Please mention your facts clearly.
It is not clear from your facts as to on what stage, your trial is going on. If the evidence has been recorded and the trial is under progress, then the FIR now cannot be quashed if the police have filed chargesheet against you. The grounds as mentioned by you, must be argued in the court to show that the prosecution story is full of contradictions and hence cannot be proved beyond reasonable doubt hence benefit be given to the accused. the court after considering all the arguments and evidence produced, may acquit the accused.
In my opinion, instead of going for quashing the FIR, which generally do not get favorable results, it will be better to contest and challenge the case in the trial court. There appears to be lot of contradictions in FIR which will weaken the prosecution case, hence a pleasant and favorable situation prevails in the trial court itself. Gather the evidences and merits in your side, prepare proper notes to tackle the issues or allegations, with the help of the lacuna in the prosecution case, proceed with the challenge and get acquitted.
1. You have very good ground for filing petition for quashing the FIR,
2. However, it is always advisable to file the quash petitio after charge sheet is filed.
At the time of framing the charge the accused has right to argue the matter on charge and if the court will think fit and proper then the accused can be discharge.
Contact a lawyer personally or over the phone after pay the consultation fee which is very nominal
Advocate, New Delhi
1. You may move the HC for quashing of the case as there is contradiction between the police version and the medical opinion in respect of the time of the incident.
2. You have twice stated ''police has proved it true''. How and where has it been proved? If the FIR is proved as true the court would have held you guilty and awarded you a jail term.