Place: Delhi Background: Minor scuffle converted into a false FIR under IPC 323/341/506/34 against husband by wife. Status: Compromised reached in mediation court which mentions that wife would withdraw / compound/quash this FIR. Divorce filled. First motion passed. 498A FIR was never lodged, since compromise reached before that. Query: Now this above FIR under IPC 323/341/506/34 needs to be taken care of (removed / deleted). I was given on the spot bail by the local police after detaining me for 2 hours I am confused whether to go for Quashing by High Court vs. Compounding by Lower / Sessions Court. Scenario 1 – The investigating police officer for the case has said that he has filled a "challan" in the district court, therefore I have to go on a particular date of hearing for getting this FIR compounded. Ques 1) Is there a difference between Challan and Chargesheet filled by policy in the court Ques 2) What is the way to find out if a challan has been filled by the police in the district court or not. I have not received any notice of appearance. Ques 3) Do I need to secure an anticipatory bail again from the district court on the date of hearing Ques 4) Is police saying the correct procedure, do I have to compulsorily go and attend the court hearing for requesting compounding Ques 5) I don’t want to plead guilty, can the lower court still impose some fine and then compound this FIR Ques 6) If the court imposes any fine on me, what is the remedy. I aspire for honourable / guilt free / doubt free acquittal. Can I still for High Court Quashing Scenario 2 – The investigating police officer has not filled the Challan / Chargesheet in the district court, can I go for High Court quashing directly in this case. Ques 1) I understand that these offences are compoundable (IPC 323/341/506/34), does high court allow quashing of such FIR's Ques 2) Any other legal remedy available. Ques 3) I am okay if HC even imposes some penalty on both parties, since having a clean record is my priority. What is the difference between Compounding by district court and Quashing (by High Court) in respect to FIR under IPC 323/341/506/34. Which is better from a husband's point of view since I am a private sector employee, I want to keep my record clean for employment verification, visa- passport or any other background/ character verification.
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1.There is no difference.
2.if you engage an advocate he can find out whether CS is filed in court or not.
3. No need for AB. Surrender and take regular bail.
4.If you have not received notice of CS then you need not.however do consult with your local lawyer on this.
5.No.Better get it quashed on mutual consent.
6. if you quash then it does not arise.
1) the word challan is used for charge sheet in north India
2)you can take search in court records as to whether charge sheet filed or not
3) you don't need to obtain AB
4) if charge sheet filed you have to attend court on next date of hearing
5) court may impose fine while compounding the case
1. Challan and Chargesheet is one and same thing. You will get a copy of the challan as and when it is filed.
2. If the complainant is willing to compound the case then apply for compounding. There is no need to move the HC for quashing if there is a positive agreement to compound the case.
3. Fresh bail has to be secured after the challan is filed.
4, You will have to personally appear with your lawyer for compounding, failing which there can be no compounding.
5. If the challan has not been filed and the complainant is also unwilling to compound the matter then you may approach the HC for quashing.
6. Quashing and not compounding gives you a untainted record.
1) If a challan (charge sheet) has already been submitted in the sessions / lower court and the hearing is due in next 15 days, can I still submit an application in high court for mutual quashing of FIR (both husband and wife ready for quashing) or do I need to wait for sessions court hearing first. Is it compulsory to secure a regular bail from lower court first and then apply for quashing of FIR in the high court. The police is playing very unhelpful role in my case although they know that a mutual compromise has already been done between both the parties through court's mediation center. 2) My lawyer is not able to get a copy of charge sheet / challan either from the court or Investigating Officer (I.O) (as per his version). Is there any way I can get this copy…I read somewhere that investigating officer is bound to give copy of charge sheet to the accused, but it seems that he is not following this procedure. 3) If we don’t have a charge sheet copy, can we still apply to high court for mutual quashing of FIR or should we just take a regular bail from lower court and then apply fresh to the high court for quashing afterwards 4) At our next date of hearing in lower court, can we request the judge not to pass any order so that we can proceed to high court quashing of FIR (as compromise already reached) This is the last order copy of my case which I could get online from court's website. Is there any point which can be made out from this, let me know : ************************************************************************************************************ State vs. Name. 16.09.2016 Fresh charge-sheet has been received through Facilitation Center. It be checked and registered. Present: Ld. APP for State. Accused persons on police bail but not present. I have gone through the charge sheet. I take cognizance of the Offence committed. Issue summons to the accused persons through IO for 14.10.16. (Judge Name) MM-06/ Rohini Courts / New Delhi 16.09.2016 *************************************************************************************
Ques 1) Is there a difference between Challan and Chargesheet filled by policy in the court
Both Challan and charge sheet are one and the same, there is no difference except the name.
Ques 2) What is the way to find out if a challan has been filled by the police in the district court or not. I have not received any notice of appearance.
The accused will get a notice or summon to appear before court or the police will inform the accused about the date of hearing and appearance.
Ques 3) Do I need to secure an anticipatory bail again from the district court on the date of hearing
Not necessary.
Ques 4) Is police saying the correct procedure, do I have to compulsorily go and attend the court hearing for requesting compounding
Yes, you have to appear court for the purpose of seeking to compound the offence.
Ques 5) I don’t want to plead guilty, can the lower court still impose some fine and then compound this FIR
In compounding there is no question of pleading guilty.
Ques 6) If the court imposes any fine on me, what is the remedy. I aspire for honourable / guilt free / doubt free acquittal. Can I still for High Court Quashing
In compounding a case, there wont be any fine or punishment.
Scenario 2 – The investigating police officer has not filled the Challan / Chargesheet in the district court, can I go for High Court quashing directly in this case.
You can approach high court for quashing FIR, but high courts do not entertain such applications as routine.
Ques 1) I understand that these offences are compoundable (IPC 323/341/506/34), does high court allow quashing of such FIR's
Not as a routine
Ques 2) Any other legal remedy available.
Compounding the case shall be the best option for now.
Ques 3) I am okay if HC even imposes some penalty on both parties, since having a clean record is my priority.
You dont become the judge, let the court decide on a petitioon filed by you and you concentrate on your case alone.
compounding of an offence or case shall take place in the trial court itself, whereas quash shall take place by an order of the high court and finally the lower court shall discharge the accused based on the quash of FIR by high court.
1. You cannot expect any out of way help from police in this regard especially when a charge sheet has been filed. You may have to get the case either compounded by the lower court couret or can file a petition to quash the charge sheet before high court.
2. The charge sheet copy will be given by the police only filing the same before the trial court on the date of first hearing. You can get that only then and not before that.So wait for the summons to reach you about the date of hearing and on appearance you will be given with the copies.
3. You have already taken bail from police hence you need not worry about getting regular bail. If the police has filed the charge sheet, then you cannot apply for FIR quash before high court. There is no term called mutual quashing
4. You can file a petition under section 309 seeking adjournment of the case for the reasons cited in your question.
You should appear before the concerned court on 14.10.2016
1) you cna move HC for quashing of case based on settlement arrived at between the parties
2) prosecution is bound to submit to accused copy of the charge sheet filed
3) if charge sheet has not been filed you would not get copy of the charge sheet
4) you can move HC for quashing on basis of settlment arrived at even if you dont have copy of charge sheet
1. Secure bail and then move the HC for quashing, if you want to apply for quashing.
2. Apply to the court to provide you a copy of chargesheet whereupon the court will pass the necessary orders.
3. To apply for quashing of FIR you do not require a copy of chargesheet.
4. The lower court will not hold the proceedings to enable you to apply for quashing in the HC.