• Quashing of FIR

An false FIR under IPC 306 has been register against the landlord and his son for suicide done by the tenant. A case under IPC 420 related to property was already going on between the tenant and the landlord at the time when the tenant committed the suicide. There was no other dispute/fight/discussion between the two parties. The session court refused to grant AB and the highcourt was also not in  favorable to grant AB to the first accused and the case was withdrawn before final order could be passed by the court. However when AB application for the second accused was filed the highcourt granted anticipatory bail to him and now again the AB application was filed for the first accused before the highcourt who directed to refile the same before the same judge who first heard the case. The lawyer is not very much optimistic although the complainant has given an affidavit that the FIR was filed under wrong presumption and copy of the same has been submitted to the local police station. The charge sheet has not been filed by the police till date. Can the accused file for quashing of FIR at this stage ?
Asked 4 months ago in Criminal Law from New Delhi, Delhi
Religion: Hindu
1) in cases wherein serious allegations have been made against the accused for abetment to suicide HC would be reluctant to quash the FIR 

2) wait for investigation s to be completed by police and charge sheet filed . then you cna move HC for quashing based on legal advice 

3)normally court would direct accused to face trial and prove his innocence 

4) you can in such case request HC to expedite the trial 
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
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Nothing to worry .Since the de facto complainant has already filed affidavit showing her willingness not to proceed with the case there is no likelihood that the bail would be rejected.
Sp proceed with the bail asap.
If the de facto complainant cooperates then mutual quashing is a good option.
The Police since has not filed charge sheet , it can close the case on the basis of the affidavit.
Devajyoti Barman
Advocate, Kolkata
5153 Answers
54 Consultations
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Depending on the allegations contained in the FIR a decision can be taken on filing of FIR quashing. UNless there is some iota of evidence to show the culpability of the accused the lodging of FIR under 306 IPC cannot be sustained. The allegations in the FIR assume significance in so far as FIR quashing is concerned. 
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
Filing quash petition is a different subject to that of the petition for AB.

If the complainant is ready and willing to file an affidavit before the high court intimating the decision to withdraw the complaint against the accused and also expresses no objection to the petition seeking quash of FIR, the the court may consider to quash FIR on that basis.

You can proceed accordingly.

If this lawyer is not cooperating, abruptly terminate his services and engage the service of another lawyer. 

T Kalaiselvan
Advocate, Vellore
13919 Answers
127 Consultations
5.0 on 5.0
1) if HC has rejected application for AB accused will move SC against said order 

2) on charge sheet being filed accused can apply for bail before trial court 

3) if there is settlement arrived at between parties HC can quash the FIR against accused 
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
He can move the Supreme Court against HC order, failing which he will most likely be arrested. Only regular bail can now be granted by the court. Further course of action can be charted out only by your lawyer as he has read the FIR, and we haven't. 
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
If the opposite party is ready to compromise and would cooperate in the high court for quash petition, they can file their no-objection directly before the high court where the quash case is going on..

T Kalaiselvan
Advocate, Vellore
13919 Answers
127 Consultations
5.0 on 5.0

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