Do we have to summon the complainant also to quash the fir?
Tripathi
(Querist) 28 December 2015
This query is : Resolved
Dear Sirs,
We are filing a petition in the High Court under section 482 of Cr.PC to quash the FIR filed by our neighbor under sections 509 / 506 / 354 (c), 354 (d) against my husband.
1. While filing the quashing petition, is it mandatory for us to summon the complainant also ?
2. Can't we make the quashing petition as State Vs my husband only?
3. Is it necessary to get the status report first from the lower court before filing the quashing petition in the high court?
4. We have strong evidence to highlight from the MCD website that the ex police official is a habitual offender of illegal constructions elsewhere in Delhi. His name is published in the list of illegally constructed buildings. Will that help us in the high court?
5. We also have strong evidence that during the day of the said incident menioned in the FIR, my husband was not at all in the home but elsewhere in Delhi. Will that help us in the court?
The complainant is a retired police officer and made illegal construction. The civil court awarded in our favor by passing order for demolition and during the civil proceedings he has filed the FIR using his clout. The demolition is yet to be completed and the FIR has been filed to prevent us from filing the execution petition.
Though, it is more than five months since the FIR is filed, not even once the police called my husband. On our own when we met the IO, he states that there is nothing to worry and no evidence is found. He also says that he is aware of the demolition issue. He also states that when a compliant is made he is duty bound to register the FIR.
However, we decided to approach the High Court for quashing the FIR since it is a sword on our head. Moreover, we plan to file the execution petition also.
Kindly advise.
With regards,
Mrs.Raj Gupta
SAINATH DEVALLA
(Expert) 29 December 2015
If false, frivolous and baseless FIR is registered, then a Petition / Application u/s 482, may be filed before the High Court, for the quashing of said FIR, on the ground that (a) “acts” and “omission” attributed towards the accused person in the FIR does not constitute any offence; or (b) No incidence of offence as alleged in the FIR has happened; or (c) the FIR contains “bare allegation” without attributing whatsoever “acts or omission” on the part of the accused person, towards the commission of the offences.
Devajyoti Barman
(Expert) 29 December 2015
1. Yes but only when after admission the court do directs.
2. Complainant will be added even if you do not add their name.
3.No
4. Yes
5.Yes
I would however advise you you to wait till submission of charge sheet since at preliminary FIR stage the court often does not intervene in quashing proceeding.
SAINATH DEVALLA
(Expert) 29 December 2015
Right conclusion by Sr Adv Barman.
Adv. Yogen Kakade
(Expert) 29 December 2015
Mr. Barman is right.. this will guide you to proceed.. consult a local lawyer.
Rajendra K Goyal
(Expert) 29 December 2015
Agree with the expert Devajyoti Barman.
Tripathi
(Querist) 29 December 2015
Thanks a lot to you all for the feedback.
But kindly clarify on one important matter:
1. As per Sr. Adv. Sri Barman, it is better to wait for the charge sheet to be filed before filing the quashing petition.
Whereas it is more than five months, the IO did not even call us for any record of statement or evidence leave alone filing of the charge sheet by the IO.
Further, the FIR number is not even appearing in the website of Delhi police for some strange reasons.
So, how long I have to wait to get the charge sheet filed by IO? The real fact is that the local police is in hand and glove with the ex police official and will not file any charge sheet at all. Thereby buying time to pressurize us to not to file the executive petition.
with regards,
Mrs.Raj Gupta.
Devajyoti Barman
(Expert) 02 January 2016
You can apply to the concerned Magistrate to seek status report from IO so he may submit charge sheet soon.
There is no time limit to submit charge sheet.
Tripathi
(Querist) 04 January 2016
Thanks a lot Mr. Barman and other eminent lawyers in this forum.
with regards,
Mrs.RajGupta
Dr J C Vashista
(Expert) 05 January 2016
I fully agree with the expert advise of Mr. Devajyoti Barman.
How come Mrs. Raj Gupta using the authorship of Tripathi"?
