1) quashing is to be done only in exceptional circumstances
2) you have to file petition in HC for quashing of FIR
Partial Investigation & fake FIR
This is about a defamatory e-mails related crime. My ex-girlfriend received few bothering emails and few of her nude pictures were sent to their professors at her university in the month of September. She first consulted me about it and I asked her to file a police complaint. She did accordingly. To my surprise, Google's confidential information obtained through subpoena traced back to me which is startling. Meanwhile, i found some strange things happening on my iphone like autodeletion of e-mails and texts. Moreover, my email which is the gateway to my icloud account has been attacked on multiple occasions. Its evident that my gmail and my iphone has been attcaked and used to send those defamatory e-mails remotely by the hacker. I as well have digital evidence to prove my argument. I never travelled outside india in the past year but my iphone was found active in singapore and few other locations in the USA. I've evidence that proves it. I submitted all the documents to the police at the time of interrogation but they thrashed all the docs and filed an FIR against me and produced me at the court. How is this fair? As the interrogation is partial I would like to quash the FIR. Please let me know how can I go about it? Thanks
Asked 7 years ago in Criminal Law
Religion: Other
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7 Answers
Hi
You should be able to prove about the misuse of your phone by the hacker.
The mobile location shown will be the location set up in your phone.police may have relied on that.
It is almost impossible to get the pictures send without having your phone physically accessed.get the help of a professional who knows beyond hacking and see how you can convince the court with the details of login from outside India while you were in India.
There is no point in trying for a quash petition unless you have document proof to tell the court that the findings of police is wrong .
Lodge a complaint with Cyber Police without waste of time at all.
Only the cyber police on investigation can unearth the crime behind this.
If FIR is registered then you have to take bail first and then contest the case.
In cases of this nature chance of quashing is very bleak.
Rather ask for further investigation on your allegations as well which would be more beneficial to your case.
This is surely unfair. If you have obtained bail then you may either face the trial to prove your innocence or apply for quashing of FIR. Quashing is done by the court in very exceptional cases and it operates in a very narrow legal prism. Any opinion on applying for quashing can be formulated only after perusal of FIR. So consult a lawyer with a copy of FIR.
I never travelled outside india in the past year but my iphone was found active in singapore and few other locations in the USA. I've evidence that proves it. I submitted all the documents to the police at the time of interrogation but they thrashed all the docs and filed an FIR against me and produced me at the court.
How is this fair?
As the interrogation is partial I would like to quash the FIR. Please let me know how can I go about it?
The police in order to close the complaint will not travel beyond the evidence what they found after investigating into the complaint made by her.
The police have traced the evidences leading to you hence they will certainly hold you responsible for this debacle.
They will not be interested in going behind the technical details what you have submitted before them.
You may have to argue before court on the basis of the evidences to defend your interests and to come out of the case filed against you.
Filing a quash petition may not be of much help to you because high courts do not entertain any such application as a routine.
You can either file a discharge petition before the lower court or can challenge the prosecution relying on the evidences and merits in your side.
Me and the complainant have worked on the case and found it's one of our mutual friends who used my phone to send those defamatory e-mails. So we decided to compromise and close the case. I would like to know what is the procedure to close the case? Some people said we should wait for the charge sheet to be produced at the court while others said it's possible to close the case with mutual compromise. We're confused! Please let me know how we can go about it! Thanks
Asked 7 years ago
FIR can not be withdrawn.
2) the better option is to get it quashed from the concerned High Court in view of the compromise arrived at between the disputing parties.
3)In Gian Singh Vs. State of Punjab & Anr., JT 2012 (9) SC 426, it was held:
However, certain offences which overwhelmingly and predominantly bear civil flavour having arisen out of civil, mercantile, commercial, financial, partnership or such like transactions or the offences arising out of matrimony, particularly relating to dowry, etc. or the family dispute, where the wrong is basically to victim and the offender and victim have settled all disputes between them amicably, irrespective of the fact that such offences have not been made compoundable, the High Court may within the framework of its inherent power, quash the criminal proceeding or criminal complaint or F.I.R if it is satisfied that on the face of such settlement, there is hardly any likelihood of offender being convicted and by not quashing the criminal proceedings, justice shall be casualty and ends of justice shall be defeated. The above list is illustrative and not exhaustive. Each case will depend on its own facts and no hard and fast category can be prescribed
If the offences are compoundable and the charge sheet has not been filed then you may both file a petition before concerned PS expressing decision to compromise and withdraw the complaint.
The police may take up the matter with the higher authority and submit before court seeking its orders to close the case.