How to cancel FIR in the absence of the accused
During the Arbitral Tribunal proceeding against the trading member, I had filed a police case alleging criminal conspiracy etc. I got an order from the Magistrate court based on which the Police registered FIR under section 120B/409/465/467/471/474/477A/201 and 420 of the IPC. The police had asked me to submit bunch of documents as evidence to proceed with their investigation, but I could not due to pandemic. They have now sent a 2nd letter asking to cooperate. Meanwhile, the Tribunal ruled in my favor and awarded the loss. The Appellate Tribunal, the Court and then High Court rejected the appeal filed by the trading member challenging the award. Honestly, after two years of grueling fight, I do not want to have any more round of courts etc. But, how to cancel the FIR ? My Lawyer said, the FIR can be cancelled in the same Magistrate court only in the presence of both the parties. In that case, I have to wait until the Police calls the opposite party to record the statement and they come forward requesting me to quash the FIR. But, I do not want to hang around with a live case. If there is any other way to cancel the FIR ? I do not want to take a hit anywhere that I am misusing the Law. If I do not cooperate with the Police, then they will file a case against me !
Asked 3 years ago in Criminal Law
Religion: Hindu
Can I leverage the evidence including the statements not denied by the accused in the Tribunal while pursuing the criminal case ? The point of evidence which has been observed by the Tribunal and the Courts thereafter, will they be subject to challenge/scrutiny during the criminal hearing ?
Asked 3 years ago