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 in Criminal Law from Kolkatahin, West Bengal
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.
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.
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
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.
thanks a lot for your kind suggestions. Mr Ganguly as you asked more details here is the whole scene picture:
My brother and his colleague left the ship for some shopping in the city, while coming back they stop by a medical store outside of which one man was standing with a army colored cap and asks both of them for their id telling them that he is a police personnel when they showed their id, he snatched the purse and mobile from them and walking away from them on the main road itself. they followed him and then this guy stopped in his locality with some other guys. when my brot & his colleague trying to get their belonging back they have been beaten by these people and handed over to police. Both of them got injuries also and as both of them were from outstation police were saying only speak Bangla, dont speak hindi or english. My brother and his colleague asked police for register a complain against those people as they got beaten up and even my brothers mobile was missing. But police did the opposite as they thought by registering fir against them stating that they entered one compound of brothel and beat the women their and outraged their modesty, and bla bla under above mentioned sections. When my brother was on the way to court under police custody, policemen in the police vehicle told them that "' You know why this is happening to you because the man snatched your wallet and mobile is a local politician man who runs these brothels, so thats why you are facing all these". My brother & coll. got bail on the very same day, and then the other party called us and wanted to do settelment. So this is the case, i even spoke to the Investegating officer and asked him to please listen my brother side also so he says ''No bahut pressure hai kya kare''. this is the case sir. So as per you Mr Ganguly filling quashing after chargesheet will be good as per the trends of the kolkata high court.
Asked 1 year ago
on basis of settlement arrived at with opposite party FIR can be quashed by filing petition in the HC
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,
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.
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.
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.