In such criminal cases the complainant himself has to make statement and should also execute affidavit to this effect. In the criminal case, the POA holder can not make statements for settlement and also for withdrawal. You should make complainant as respondent in petition for quashing of FIR.
Removal of names from FIR
The complainant filed a complaint in India with cybercrime against his business partner and involved us in that complaint but we are not accused. Now the complainant has agreed to withdraw our names in the FIR. Before this I applied for squashing of FIR and the court made comments that the case is good for staying the proceedings but because we live outside UK we had to come and make statements and the case will be reviwed again. I attended the and gave statement to police in India and I am back outside India. My wife is due to come on 14th July and give statement. In between this the settlement was reached and complaint agreed to withdraw our names. we are not accused. Now question is The complaint says he will submit an affidavit through his lawyer in India but will be signed by his daughter who has power of Attorney for all legal matters. - Could she sign the affidavit which will be submitted with consent petition by us to withdraw the complaint? or the complaint has to sign it himself? we will be soon making a consent petition to the high court.
Asked 10 months ago in Criminal Law
Religion: Hindu
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9 Answers
Instead of filing a consent petition or any compromise petition before igh court, he an authorise his power agent to appear before the high court and file an affidavit expressing no objection to the quash petition pending before high court for the reasons relied upon.
The high court will accept the NOC and may quash the FIR, because the police cannot just like that remove the names of some of the accused in the FIR
If the power agent is so authorised in the PoA, the affidavit can very well be signed by her.
Complaint can be only quaffed by high court. There is no provision of removal of naked from FIR
POA can execute affidavit that he has no objection for quashing of FIR
not necessary that principal had to execute affidavit
Regarding the signing of an affidavit, it is generally required that the affidavit be signed by the person making the statement or providing the information. In this case, if the complaint has stated that his daughter has power of attorney for all legal matters, it may be possible for her to sign the affidavit on his behalf. However, it is essential to consult with your attorney to understand the specific requirements and procedures in your jurisdiction, as they can vary.
Complainant himself have to give not POA.
- If your name is mentioned in the FIR , then you are in the array of accused
- However, if the complainant is ready for settlement , then you can approach the high court for quashing the FIR against you.
- Further, if the complainant is residing abroad , then can give POA to his daughter for appearing and deposing before the court on behalf of the complainant .
- The said POA should be notarized as per rule of that country and attested from the consulate of India , otherwise the court may reject the POA .
The Supreme Court has held that a general power of attorney holder can sub-delegate his powers to another person if there is a specific clause authorising sub-delegation."The law is settled that though the general power of attorney holder cannot delegate his powers to another person but the same can be delegated when there is a specific clause permitting sub-delegation in power of attorney .
So as per Honourable Supreme Court power can be delegated but specific reasons must be assigned and sufficient cause must be shown for inability to give affidavits for settlement.
