• False case against my brother

My brother was working for shipping corporation of india. In 2015 he went to kolkata by ship, and had a fight outside by locals. He and one of his colleague was involve in it. They have not even done anything but basically beaten by locals. Police had registered a totally false case agaist them u/s 341,323,354,354a,354b,34,506 under local political influence. They got the bail on very same day they produced to the magistrate. Police mentioned in the FIR that they entered in a compound of brothel and outraged the modesty of a women there and beaten them. When we ask police that why are you making false case and playing with the life of two peoples they say that " Bahut pressure hai upper se". Till last hearing chargesheet was not filed and next hearing date is soon so can sirs/madams advice what is the way out of such type of case where police is completely and knowingly helpless and going to do a negative chargesheet. One more thing after they hot bail the other party said for case settelment. As some of the above sections are non compoundable and both parties are ready to settle the case then is quashing of FIR is advisable and effective in kolkata high court? Or if chargesheet is filed does quashing a chargesheet have fruitful results. Please provide your kind advice what is the way out of the case as my brother and his colleage are suspended and jobless till case is under trail.
Asked 10 months ago in Criminal Law from Kolkatahin, West Bengal
Religion: Hindu
1,If both the parties want then even if the sections are non-compoundable the high court can quash the case with consent of both parties
2. Your brother should have lodged counter complaint against them so they would have been in better to settle the case amicably.
3. Settling the case earliest is the best option to get their job back.
Devajyoti Barman
Advocate, Kolkata
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You cannot depend on the police as it is going to dance to the tune of its political bosses. The remedy for your brother is to either contest the case on merits in the court or move High Court for quashing. Unless the FIR is perused threadbare no opinion can be given. It may also be advisable to move for quashing only after chargesheet is filed but as I said the FIR needs to be perused. To quash the case in entirety, which comprises compoundable and non-compoundable sections, the remedy is only High Court.
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
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1) if opposite party is ready to settle move HC for quashing of FIR 

2) it is in your brother interest to have case settled as he has been suspended from service on account of pending case 
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
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1. No. Filing of Quash petition before filing of charge sheet is not advisable since Calcutta High Court entertains quash petition after charge sheet is filed,

2. File the quash petition after charge sheet is filed duly picking the loopholes in the said charge sheet,

3. Who has put pressure on the police to file false case against your brother? More details are required to understand the actual problem.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
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on basis of settlement arrived at with opposite party FIR can be quashed by filing petition in the HC 
Ajay Sethi
Advocate, Mumbai
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1212 Consultations
5.0 on 5.0
Quashing can be filed in this case before or after the filing of the chargesheet. Any lawyer whom you consult will ask you to provide him a copy of FIR so that he can advise you,
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0
1. It appears that the incidence has taken place at Dock rear of Khidderpore where there is no one who knows bengali properly and does not know Hindi. it is an area infested by criminals migrated fro Bihar and U.P. and has no link with local politics and politician. It also appears that police is in collusion with those criminals and are trying to extort money from your brother,

2. However, file the quash petition after the I.O. submits the charge sheet in this regard.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
As some of the above sections are non compoundable and both parties are ready to settle the case then is quashing of FIR is advisable and effective in kolkata high court? Or if chargesheet is filed does quashing a chargesheet have fruitful results. Please provide your kind advice what is the way out of the case as my brother and his colleage are suspended and jobless till case is under trail.
As both the parties are ready for compromise and settlement ut of court, it will be advisable that your brother file a quash petition before high court of Calcutta and let the defacto complainant appear before high court and give their consent to give NoC to this issue before the court.
Waiting for charge sheet to be filed will take lot of time.
T Kalaiselvan
Advocate, Vellore
13902 Answers
127 Consultations
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So as per you Mr Ganguly filling quashing after chargesheet will be good as per the trends of the Kolkata high court.  Mr Ganguly is from Kolkata, he will be able to guide you properly when you contact him, you it will be better if you follow his instruction.
T Kalaiselvan
Advocate, Vellore
13902 Answers
127 Consultations
5.0 on 5.0

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