Is it a fit case to remove my name by quashing from the fir?
sayantan sarkar
(Querist) 01 February 2020
This query is : Resolved
our neighbor had lodged a fir u/s IPC 325,307,341,354,511,506,34 on 18-03-18(incident date 17/03/18) because a dispute was going between us due to passing of a underground drain pipe and due to this a small chaos took place and one of a complainant was drunked and instead of us he threw a piece of pebble on his father which caused a minor cut in his forehead and using that they made a injury report and went PS for lodging fir but i was already present in the police station since from the start of this chaos and hence police took an oral complaint of mine(police wrote it on a book and made me sign on it )but no receipt is given . Then the opponent called some local Netas who said that both of us should amicably solve the matter hence police not took fir.But after one day they made a fir on 18/3/18 and also included me as an accused(because they are avenging me for reaching Police station) later ,the i/o told me not to worry since he excluded my name from the report prepared by him and suggested to take ACB for the other five accused except me.But now i dont know whether the report made by him was chargesheet or not since he got transferred , hence asking
1 .whether it is a fit case for quashing my name from fir and is there any possibility to get quashed my name.
2.will i have state yes in the column of attestation form asking whether i have been prosecuted?
Advocate Suneel Moudgil
(Expert) 03 February 2020
if your name is not in police report, then what is the need for quashing? your name is already removed
Dr J C Vashista
(Expert) 03 February 2020
As the case is stated to be settled amicably in PS where and why FIR was lodged ?
You came to know about the said FIR of 18.3.2018 against you, when and how ?
Incomplete and vague information can not lead to form proper opinion and oblige.
It is advisable to consult a local prudent lawyer for appreciation of facts/ documents, professional guidance and necessary proceeding.
sayantan sarkar
(Querist) 03 February 2020
Respected
Sir I came to know about the fir by some of local boys(on 19/03/2018) who saw them visiting Police station and then I cross checked it online and it was true (they did it to set personal revenge), later about a week the I/o told me that he prepared report and not included my name and all the other five member is required to get Anticipatory bail except me , but presently the I/o got transferred and I am blank about the status of the case whether chargesheet is made or not or the report of the I/o is itself chargesheet and moreover we never got summon from any court till date.Hence asking if quashing is required and do i have to state in the attestation form that i have been prosecuted?
SHIRISH PAWAR, 7738990900
(Expert) 03 February 2020
Dear querist,
You can approach high court on the basis of complaint registered in police station showing online. If you still have doubt you can take certified copy from police station and file application for quashing the FIR.
Regards,
Advocate Suneel Moudgil
(Expert) 04 February 2020
1. check for whether the charge sheet has been submitted in the Court or not.
2. if submitted, obtain a copy and check for your name,
3. if not, wait till it gets submitted,
4. no need to approach any Court until you got a notice from the police station or confirm your name in the charge sheet,
sayantan sarkar
(Querist) 04 February 2020
today itself i confirmed from court office that chargesheet is submitted and my name is dropped as well as IPC sec 307 is also dropped from the chargesheet but till date no summon from court Is it a fit case for quashing my name from the fir ? as a local lawyer told that quashing is not possible now and to start the trial the other accused had to be surrender before the magistrate and fill sureties then only trial will start
Advocate Suneel Moudgil
(Expert) 04 February 2020
1. if your name is not in the charge sheet, then what is the purpose of quashing?
2. quashing for whom? you? or other accused?
sayantan sarkar
(Querist) 04 February 2020
Respected Moudgil sir,
I sought quashing for myself only since I am a job aspirant and the opponent party know this , hence I am in a confusion that they can add again my name in trial so asking and also I have to fill the form of attestation where I have to say that I am ever got prosecuted or not.
Raj Kumar Makkad
(Expert) 04 February 2020
Better seek personal opinion of any of the experts on this serious issue showing him entire documents especially copy of challan and the statements of the witnesses.
