• Quash FIR vs quash chargesheet

I joined in a govt company through backdoor paying some amount as HR. After 15 days my supervisor who took money from me to provide job returned my money. Within 30 days police raided the office and took everyone into custody saying the company is fake cheating unemployed youth and not a govt company. In these 30 days many candidates joined this company by backdoor paying amount same like me and I was nominally interviewing them as ordered by my supervisor. From police, I am came to know that my supervisor is the main accused and stated that employees in this company are not part this fraud. FIR registered under 66(c), 120 (b) and 420 on me and other employees along with my supervisor.

Many people I interviewed and police assumes that I know about the company being fake while working there as I promised them that you will get a job, just like me, after paying money to supervisor. I am on AB and planning to file petition to quash FIR. Charge sheet is not yet filed.

1. Is it better to file quash after charge sheet is submitted?
2. Will it be a problem if my supervisor tells police that he returned my money? Police may think I am part of this so my supervisor shared money with me.
3. While interviewing some people, I promised them that you will get a job, just like me, after paying money to supervisor. Is this a punishable offence? If yes, any idea what/how would it be?
4. Is there a chance that police will not include me in charge sheet?

As a proof that I am just an employee I have an job offer letter dated 30 days before this incident. Please advice. Thank you in advance.
Asked 1 year ago in Criminal Law from United States
Religion: Hindu
1. It is always advisable to wait till charge sheet submitted and during FIR stage the court assumes that investigation is not complete as yet .
2. Yes, indeed this would compound your problem. However it is quite hard to prove that he returned the money if the same occurred through cash transaction.
3. Yes, it is very much punishable offence like cheating.
4. I find little chance for this.

I must hasten to add here that quashing is rarely allowed. However I have the occasion to peruse the FIR/CS I may advise further including making comment on the merit of the case.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
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It is better to seek quashing of FIR rather than file 482 after chargesheet is filed. Assuming that charge sheet is filed, the court will direct you to appear before the trial court and face trial on the basis of charge sheet and may in its wisdom direct the trial court to dispose of the case within 2 or months.
Kiran N. Murthy
Advocate, Bangalore
766 Answers
51 Consultations
5.0 on 5.0
Hi
 There is more chance that you can be included in the charge sheet 
It is better to wait for the charge sheet . You need to proceed based on that because after investigation if police include you just because you as an employee,you can take this defence
You can also file application in the magistrate court to drop charges against you if nothing is alleged against  you 
Better you wait for the further steps and proceed according to the charge sheet
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
After filling a charge sheet if you will proceed for quashing the High Court will reject and dismiss your 482 Petition in one min,bcoz Quashing basic ingredient is prima facie no case established hence quashing of fir.

No question of quashing arise when charge-sheet is filed i.e charges put on you.

Hurrryup and file the same and show all the reason in the petition that how you are not involved in it but you are a victim of it.


Kshitija Wadatkar Wankhede
Advocate, Greater Mumbai
29 Answers
7 Consultations
Not rated
1. Is it better to file quash after charge sheet is submitted?
There will be no effect on quash petition once the chargee sheet s filed. 


2. Will it be a problem if my supervisor tells police that he returned my money? Police may think I am part of this so my supervisor shared money with me.
Yes, such an act will certainly raise the eye brows of the investigation team, so better watch it out.


3. While interviewing some people, I promised them that you will get a job, just like me, after paying money to supervisor. Is this a punishable offence? If yes, any idea what/how would it be?
Yes, it is an offence punishable as per the provisions of law, the sections of IPC framed against you will narrate the nature of offence and punishment thereon.



4. Is there a chance that police will not include me in charge sheet?
It depends on the Investigation officer.



As a proof that I am just an employee I have an job offer letter dated 30 days before this incident. Please advice. 
This will be an  advantage to you while challenging the case during trial.
T Kalaiselvan
Advocate, Vellore
14158 Answers
128 Consultations
5.0 on 5.0
1. Filing of chargesheet is not a case iron rule to file for quashing. You can file for quashing even before the chargesheet is filed. In many cases the quashing succeeds only if it is sought at the earliest possible opportunity.

2. Unless there is direct evidence which points to your role in the commission of offence the case cannot sustain against you.

3. Promising job in lieu of gratification is punishable as cheating and fraud. 

4. There is every likelihood that police will include you in chargesheet, in which event it will be very difficult to get the case quashed.
Ashish Davessar
Advocate, Jaipur
18246 Answers
449 Consultations
5.0 on 5.0
1. No. Refusal of HC to quash the proceeding has no adverse bearing on the merit of the case.
2. 6 months time in general if quashing petition is admitted. At the very threshold the quashing petition is likely to be rejected for even admission.
3. Fees of lawyer differs and hence no quotation can be given.
4. Yes, likely. Since charge sheet is not submitted I would not advise to go for quashing during investigation stage.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
You alone can file quash petition for yourself but  
The time depends on the work loads and minimum two hearings depending on th Prosecutor,s response  . It can take 3 to 6 months
The filing of charge sheet will not be delayed for other accused 


Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
1. Quashing operates in its own independent sphere, resultantly the refusal of the HC to quash cannot be used against you in the court.

2. It may take up to 8 months for the HC to decide,

3. There is no uniformity in the fee of lawyer whether in India or US, so we cannot answer this, but you are looking at a ballpark figure of 5 to 15 lakhs INR for any good lawyer.

4. It is the prerogative of the HC to stay the chargesheet till such time that it decides quashing.
Ashish Davessar
Advocate, Jaipur
18246 Answers
449 Consultations
5.0 on 5.0
Dear Querist
My opinion on your queries are as under:

1. There are around 15 accused in FIR. A1-A15. I am A8 and no one is going for quash. Will it be a problem if go ahead with quash? Can that be used against me by Police in trial if quash it is not approved by HC?
Opinion: Legally you have right to file quashing petition before High court and there is no nagative effect if the HC reject your petition whatever reason will be.

2. How long will HC take to decide on quash? Atleast approx would be helpful.
Opinion: within a month after filing the case, if there is any need for reply of opposite party then it may be more then one month to one year.

3. On an average, how much would it cost or how much would the advocate charge for quash?
Opinion: the cost is depend on advocate, it may be possible minimum 30000/- to more then 1 cr.

4. Will the filling of charge sheet will be delayed till a decision is taken by HC? If yes, can the police go ahead and file charge sheet for other accused?
Opinion: No, chargesheet can not be delay on the ground of quashing petition.
the police may file chargesheet before the concerned court at any time when they thing that the investigation has been completed.
and at this stage if quashing of fir petition is pending then withdraw the same and file a fresh quashing petition for quashing the charge sheet and other subsequent proceedings u/s 482 of Cr.P.C. 
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
1. There are around 15 accused in FIR. A1-A15. I am A8 and no one is going for quash. Will it be a problem if go ahead with quash? Can that be used against me by Police in trial if quash it is not approved by HC?
Once the charge sheet is filed before the court, the police work is over, it will be the job of public prosecutor to conduct the trial proceedings so you need not worry on that aspect.


2. How long will HC take to decide on quash? Atleast approx would be helpful.
It depends on the  court as well as the advocate who is taking up  the matter 


3. On an average, how much would it cost or how much would the advocate charge for quash?
The advocate fee will be fixed by the advocate, nobody can have a say on it.


4. Will the filling of charge sheet will be delayed till a decision is taken by HC? If yes, can the police go ahead and file charge sheet for other accused?
There is connection between the filing of charge sheet and disposal by high court, both are two different things. 


T Kalaiselvan
Advocate, Vellore
14158 Answers
128 Consultations
5.0 on 5.0
1. File the Quash petition after the charge sheet is filed. You find the loopholes in the charge sheet and file the quash petition,

2. & 3. You have paid bribe and also asked other people to pay bribe. Both are punishable offence,

4. There is hardly any chance that police will exclude you unless you can manage them. 
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. You should file a case only after being sure that you have a chance to win it. If you find loopholes in police charge sheet, you should file a quash petition,

2. It depends on the load on the Court. After being listed, it should be over with in 3/4 hearings,

3. The fees of advocates varies from plac to place and advocate to advocate,

4. Police shall have to file charge sheet within specified period. It has nothing to do with the quash petition to be filed before the High Court.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
quashing of FIR is not an easy task....you have to show that no offence is made out against you. and there is grave injustice in writing FIR.

generally higher court does not interfere in the matter which is at immature stage. filing of FIR is called immature stage. 
Shivendra Pratap Singh
Advocate, Lucknow
2786 Answers
41 Consultations
4.9 on 5.0
if you have ample evidence to show that fir is written on false facts and satisfies the court beyond reasonable doubt that no such incidence has committed then court may pass order on the face of record....no need to issue notice to prosecution etc. you may get immediate order.
Shivendra Pratap Singh
Advocate, Lucknow
2786 Answers
41 Consultations
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10 k to 25 k is enough fee ..... but it may depend from advocate
Shivendra Pratap Singh
Advocate, Lucknow
2786 Answers
41 Consultations
4.9 on 5.0

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