Police fabricating the evidences
Recently my wife and me was assaulted by one KSRP (Karnataka state Reserve police) constable and his two associates. It all started with small kids fight aged 3 and 4 yrs and they threatened my wife that he will come back with Police in evening and punish us. So, all three people along with one KSRP police came to my house and once I opened the gate they assaulted us with helmet me and my wife got injured in that and after beating us they threatened that they have source till commissioner and put us in jail. But somehow with the help of neighbours we went to police station and filed FIR, but next morning they also filed counter FIR blaming me that I attacked them with knife and they collected all the evidence using their source. Later my wife and me summoned in court through chargesheet with more charges on us then them.
Once thing was clear that Police has completely diluted the evidences provided by us and they didn't bother to do any investigation and told me in Kannada that you will have to pay price for fighting with police personnal. Now the case is in Bangalore session court but we don't have any evidences with us to prove ourself innocent.
Could you please guide me if there's anyway to go for Quashing FIR now, as its more than 1.5 years?
Also, is it possible to start a new investigation through another jurisdiction policestaion?
Now, they are pressuring us to go for Compromise by paying compensation, which I don't understand as my lawyer also made it clear that my case is weak in lack of much evidences.
Your valuable input will be very much appreciated.
Asked 3 months ago in Criminal Law from Bangalore, Karnataka
1) it is necessary to peruse allegations made in FIR to advice
2) quashing is to be done only in exceptional circumstances
3) if allegations made in FIR do not disclose commission of any offence FIR can be quashed
4) wait for charge sheet to be filed . on submission of report court can direct re investigation
5) your testimony , that of your wife ,neighbours testimony , doctor report as to nature of injuries on you and wife would be sufficient evidence to prove guilt of police personnel
1. Quashing is an option but it is rarely allowed. If in the FIR there is clear allegations against you then quashing would not be allowed.
2. When police was diluting your case then you should not have waited for long. Anyway still it is not too late. File a writ petition for further investigation on the ground of latches made by Police.
3. This only can help you. There is no other way out.
1. FIR quashing is a very potent weapon in the hands of an accused to end the process of criminal law initiated mala fide against him but this is done in very exceptional cases. The HC can quash the FIR only if it finds that it has been lodged with malice or no case is made out against you. So if you want to know your prospects in FIR quashing then consult a lawyer with a copy of FIR.
2. The HC can also order a fresh investigation to be conducted by another IO.
3. Consult a lawyer with FIR copy.
Thanks everyone for your input.
1. Regarding FIR quashing I consulted my Lawyer as per him there's very slim chances to get it quashed as its already delayed and Police played very safe game to frame all the charges against us. They took their time and without my knowledge they filed FIR and Chargesheet against me with testimony of total 11 witnesses who were not present at all and The doctors report they showed fractured for him which comes under grievous injury.
Worst part is my wound certificate was collected by Police only and they made our injury as Minor super facial cut, which is another concern. Now, it seems I am stuck and no way out of this corrupt department.
But I still want to try the quashing as my last weapon and see what happens, Just want to know how much it cost total for application of Quashing petition?
Asked 3 months ago
1) litigation fees vary depending upon lawyer engaged by you
2) better try to arrive at an out of court settlement
1. You can apply for FIR quashing even after the filing of chargesheet. The chargesheet can also be quashed by the HC. The stage after the filing of the chargesheet is even more ideal to apply for FIR quashing as the HC's are ordinarily loath to quash the FIR if the chargesheet has not been filed.
2. You can file a private criminal complaint for the inaction by the police.
3. The cost will be the fee of your lawyer.
In your FIR is section 452 of IPC is mention or not?
If yes then immediately file quashing petition before High court under section 482 of Cr.P.C. along with article 226 of Constitution of India.
The cost is depend on the lawyer.
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Advocate, New Delhi
This forum is not appropriate forum to discuss about fee structure. Different professionals charge different fee.