If there is settlement arrived at between parties you can move HC for quashing
2) if allegations made in FIR do not disclose commission of offence you can also move HC for quashing
Section 354, 504 and 323
There was a scuffle between two ladies which went out of hands at a public place ( local train station, Mumbai) Both the ladies filed FIR against each other with above mentioned section ( section 354 , 504, and 323). Is this a valid case , specially section 354 ( outrage of modesty of woman) against another woman.? what is the future of this case ? Is there a way to quash this case ?
Asked 8 years ago in Criminal Law
Religion: Hindu
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3 Answers
The sections for the complaint have been chosen by the concerned police and since it is going to be police prosecuted case, let the police bother about it.
If you are desiring to file quash petition for one side, what about the other side, they may file their objection to the quash petition.
Moreover quash petition is not entertained as a routine.
Especially FIR quash that too where there is a case in counter, the high court generally dont entertain.
Arrange for an out of court agreement/compromise settlement which will be beneficial for both the sides instead of stretching the issue unnecessary.
The validity of the allegations is to be tested at the trial. The onus to prove the guilt is on the prosecution. Only after a perusal of the FIR it can be said whether it is a fit case or not to move the HC for quashing.
