Difference between FIR cancellation by police and FIR quashing by High Court
I was friend with a girl, she was in serious liking towards me however i had treated her like a friend only.later on when i realised her liking towards me & started backing off than she lodged a police complaint & some of her well wishers started threatening & pressurising me for marriage & when i didnot budge than subsequently she filed an FIR .Now in order to save me from such girl my friends & even a police officer known to us advised me to enter into settlement & an engagement took place between her me.Now she has given an affidavit duly attested by a magistrate to the concerned police station to cancel the fir.My query is that 1) since i have the affidavit can i go for FIR quashing before HC right away or i will have to wait till police submits FIR cancellation report. 2) if i call off the engagement than what possible damage could she do.I am not going to meet her for the upcoming5-6 months also.
Asked in Criminal Law from Ludhiana, Punjab
1. You should have never agreed to be engaged to her if you did not want it as no law can force a person to be a victim of one sided love by some one else.
2. What is the FIR relating to? What charges have been leveled against you in FIR?
3. What has she stated in the affidavit the attestation whereof has been done by magistrate? Has she clearly stated in the affidavit that she does not want further action to be taken in consequence of FIR?
4. The affidavit given by her is not the only basis on which you can move to HC for quashing of FIR. Since the FIR itself is false it is a fit case where you can opt for quashing by High Court. Even if FIR is cancelled by police now on the basis of her affidavit it can again be lodged and/or reopened on the basis of a subsequent complaint by her which she may attempt to lodge if you decide to call of the engagement, whereas FIR once quashed by HC will be conclusive and final for all practical reasons unless she challenges the judgment of High Court in the Supreme Court. The prospects of an appeal being made to SC in a case of this nature are very less.
5. She can take no legal action against you in the event you call off the engagement. As I mentioned earlier no one can be forced to marry a person.
1. If the case is on investigation stage only and no charge sheet is submitted then the police on the basis of affidavit can submit Final Report/Closure Report.
2. However if it refuses to do so then mutual quashing is possible from high court.
3, Since the girl has already given affidavit stating something about this relationship. it needs to be perused to find out whether you would be in trouble or not in future once you retract from your commitment of marriage.
4. No relationship can sustain for long it is is based on coercion , fraud and blackmailing.
Better you file for quashing of FIR in High Court on the ground of being the same false with support of the affidavit given by her.In case, at later stage, you call off engagement, no law is there to force you to marry her.
Advocate, New Delhi
It depends on the content what the girl stated in the affidavit for withdrawing from the matter and the charged in the FIR. the affidavit will support you when you apply for quashing the FIR once the charge sheet is filed. in case you decide to call of the engagement, she can further proceed against you with another FIR or any other legal proceedings ,if she has mentioned in the affidavit that she made that she is withdrawing her allegations because you agreed to marry her . The affidavit made will be helpful to file the closure report by the police. It also can help you to in a quash petition before the high court. you have not mentioned about the content of the affidavit , so consult an advocate in person with these details and take necessary steps to defend you.
If you want to quash the FIR you have to go to HC . Police can not quash FIR . Police shall investigate and file a report. The Magistrate may acquit you on the basis of girls affidavit/statement and your decision to marry her. Simple breaking away after a friendly relation is no offence . The girl must have alleged sexual exploitation on false marriage promise. In both the cases whether before trial court or HC you have to state that you are marrying the girl to get a favourable order and you can't simply back away.
Advocate, New Delhi
FR & Quashing of FIR are two different things. in case of FR u may still have to face trial if court find sufficient proof remember the case Nuper talwar of NOIDA Or magistrate may again order reinvestigation. IN case quashing matter comes to end
Advocate, Greater Noida
what are the sections mentioned in the FIR????
if the matter has been settled the quashing petition before the high court u/s 482 of Cr.P.C is best option.
Feel Free to Call
Advocate, New Delhi
1. You have not come out with all the facts,
2. What was written in the said FIR? What were the complaints which made your friends and even the police office to compel you enter into a settlement which is an engagement to marry her?
3. It seems more has been hidden than told in your query which puts hudles on us to advise properly,
4. Quashing is possible on application if the FIR lodged is found to be false & police may close the case if they find after investigation that the FIR is false,
5. What is written in the so called settlement cum engagement agreement needs to be seen for further advice.