• Quashing of FIR

A girl filled rape case against my brother on the basis of false marriage commitment. Now they both got married and anticipatory bail granted by Dist. court in jan. its been 5 months but I.O has not submitted the chargesheet. We have applied for quashing of case in HC but order passed to submit the chargesheet and byaan of that girl. 
Question : 
I.O is not submitting the chargesheet and our new lawyer is asking for quashing the case in HC again without chargesheet. I wonder if case will withdrawn again.

we should wait for chargesheet or can we go for quashing on any ground?
if HC ask for trail in DC, how much time it will take to get out of trail. 

Please advice what can be done to finish all these asap.
Asked 11 months ago in Criminal Law from Delhi, Delhi
Religion: Hindu
1) since HC has passed orders for filing of charge sheet and statement of girl you should wait till IO submits charge sheet

2) in case HC directs trial it would take over 5 years for case to be disposed of 
Ajay Sethi
Advocate, Mumbai
29681 Answers
1615 Consultations

5.0 on 5.0

1) did the HC order mention any time frame within which charge sheet should;d be filed ?when was order passed by HC? 

2) In case of offences carrying sentence of more than 3 years there is no time limit provided in crpc  for filing charge sheet 

3) file RTI application with local police station to know the progress of investigations in your case 

Ajay Sethi
Advocate, Mumbai
29681 Answers
1615 Consultations

5.0 on 5.0

1. If the HC has ordered the filing of the chargesheet then wait for it to be filed. Be patient as the IO will sooner or later file the chargesheet. Once the chargesheet is filed and the statement of the girl is recorded you can move the HC again for quashing.

2. If the IO does not submit the chargesheet after 4-6 months then move the HC again for specific directions.
Ashish Davessar
Advocate, Jaipur
20072 Answers
530 Consultations

5.0 on 5.0

since the girl has married your brother, it will be easy for her give an affidavit before the high court expressing her willingness to withdraw the complaint in view of her marriage with the accused hence she has no objection for the court which may be pleased to quash the FIR.
This will enable the court to quash the case. or in the same petition you may seek direction to the IO to file the charge sheet expeditiously
T Kalaiselvan
Advocate, Vellore
19824 Answers
192 Consultations

5.0 on 5.0

What if I.O is not submitting chargesheet even though so many folllow ups. Girl herself following her to sumitt the chargesheet but No result.

Seek directions against the IO for filing his charge sheet expeditiously 
T Kalaiselvan
Advocate, Vellore
19824 Answers
192 Consultations

5.0 on 5.0

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