• Query on quashing of FIR

I have raised certain complaints of regulatory and legal violations with the regulator against an insurance company. In turn, the company had filed an FIR of data theft against me. In addition to it the company also filed multiple civil cases under various provisions of the law against me. Please advise me how to get rid of these cases. There is no protection available to corporate whistleblower in India. I am suffering a lot due to multiple cases being filed against me. It is very difficult for me to fund for fighting these cases. The company against which I raised the complaints was being run by tainted promoters, who themselves are in jail for various economic offences. Please advise me how to proceed with these cases and how to get them closed. First of all, I want to get the FIR quashed in the High Court. The FIR is registered u/s 66B of IT Act and 406 of IPC. The chargesheet has been filed in the court. What are the chances of getting the FIR quashed. I have sufficient proofs of making complaints with the regulator and Govt departments. Please advise on my case. thanks
Asked 5 months ago in Criminal Law
Religion: Hindu

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13 Answers

If you are a genuine whistleblower and have disclosed their data in public interest then there are sufficient grounds for the court to quash your fir.

Therefore file a petition in the high court.

Moreover, the promoters are engaged in fraudulent activities and are in jail. That itself is proof of your sincerity. Annex all the evidence/details.

Rahul Mishra
Advocate, Lucknow
13678 Answers
62 Consultations

5.0 on 5.0

If you have evidence that the said fir are counterblast of your complaint then you file quashing petition and get all the said fir quashed. It will be quashed by HC. Civil cases you need to get it dismissed if the same doesn't have merits

Prashant Nayak
Advocate, Mumbai
26719 Answers
79 Consultations

4.4 on 5.0

Dear Querist

at the time of quashing the FIR or charge sheet, the HC will see only the version of the prosecution and not the version of the accused.

File a writ petition before the HC and try to bring all your defence on record of the trial court then you may get the quashing of FIR.

Or Fight the case on merit.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
299 Consultations

4.9 on 5.0

-Whoever dishonestly received or retains any stolen computer resource or communication device knowing or having reason to believe the same to be stolen computer resource or communication device, shall be punished with imprisonment of either description for a term which may extend to three years or with fine.

- Since, you has raised complaints against the insurance company , then on this ground the said company cannot lodged an FIR , as raising issues means that you have given information for violation of the rule. 

- Further, the said insurance company will have to produce evidences for theft of their information & data .

- Further, if the charge sheet has already filed , then you can go through to find out the evidences submitted by the police in the said FIR .

- However, you can approach the High court for quashing the said FIR on the ground mentioned by you . 

- In the absence of charge sheet contents , a proper suggestion cannot be given. 

Mohammed Shahzad
Advocate, Delhi
9473 Answers
107 Consultations

5.0 on 5.0

Quashing is to be done only in exceptional circumstances 

 

2) better option is to file for discharge before trial court 

Ajay Sethi
Advocate, Mumbai
87212 Answers
6048 Consultations

5.0 on 5.0

Instead of applying for FIR quash you may better file a petition to quash the charge sheet.

You know that they are false charges hence you may collect the documents to support your statement that they are false charges and you have been unnecessarily implicated in this false and foisted case just for the reason that you turned out to be a whistle blower. 

You may discuss at length with an experienced advocate in the local and proceed as suggested in respect of other cases that have been foisted against you.

T Kalaiselvan
Advocate, Vellore
77366 Answers
1458 Consultations

5.0 on 5.0

You need to move the High Court to get the FIR quashed, by establishing there is no prima facie case against you for criminal breach of trust under Sec-406 of the IPC. If you have enough evidence on hand against the insurance company, pursue your complaint vigorously with the regulator and the government department, no matter whether 'whistle-blower' protection is available or not, to expose the guilty.

Swaminathan Neelakantan
Advocate, Coimbatore
1838 Answers
18 Consultations

4.9 on 5.0

Dear Client,

Without looking into the case file it is very difficult and not wise to comment on your case. But for quashing the FIR against you can definitely pray to the High Court under Section 482 CrPC and submit all the documents before them for consideration. If the court feels satisfied they shall quash the FIR against you.

Thank you.

Anik Miu
Advocate, Bangalore
4377 Answers
45 Consultations

4.9 on 5.0

Hi,

 

If the fact on which you have been fighting are true correct and public at large is effect whereby company is gaining wrongful profits to him and wrongful loss to public immediately file the complaint against the insurance company before executive magistrate and call them to dismiss the license of such company. Also report the company to ombudsman under companies act.

 

Rgds 

Shivam Sood
Advocate, Ludhiana
111 Answers
1 Consultation

4.2 on 5.0

You can file for quashing on basis that no notice was issued to you under section 41A of cr PC 

 

your statement was never recorded by police 

 

 

Ajay Sethi
Advocate, Mumbai
87212 Answers
6048 Consultations

5.0 on 5.0

Dear Querist

If the defamation cases are criminal defamation then you may file an application for transfer the cases to the same court where the another matters are pending and all the matter may club together and try together.

In case of Civil defamation, you will have to fight the cases individually, take the help of the advocate who deals in criminal matters.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
299 Consultations

4.9 on 5.0

You cannot keep repeating the issues here without looking for the solution IOU desire, to get out of this problem.

Whatever you say has to be challenged before appropriate courts of law where the cases have been filed against you.

You have to engage an advocate to deal with the cases properly  because any advise given on this platform may not come to your rescue until you practically get into the cases and challenge them on merits in your side. 

T Kalaiselvan
Advocate, Vellore
77366 Answers
1458 Consultations

5.0 on 5.0

You need to contest the same as stated aforesaid. No other remedy to get away

Prashant Nayak
Advocate, Mumbai
26719 Answers
79 Consultations

4.4 on 5.0

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