Fir quashing ipc 354,504,427
tushar
(Querist) 25 April 2016
This query is : Resolved
Dear all,
A false FIR has been lodged under IPC 354,504,427 with help of police by the opponents. I had objected illegal construction at my place, the opposition party was gonna get financial benefits from builder. I had already complaint to police regarding the opposition planning to trap me in false case.
The opposition lady filed a fake FIR that i hold her hand and caused her injury with her own glass bangles, but after chargesheet was filed police have mentioned that i am eveteasing her from past 1 year and hold her hand on that particular day. Police has mentioned nothing of injury in FIR, whereas i inquired from the hospital, the lady has done legal medical on that day. But police has not attached any medical reports neither anything such incidence in FIR.Complainant has also mentioned in chargesheet that she never complaint against me due to fear, but she has already complained against my mother twice before the FIR regarding abusing, and my mom has also complaint against her regarding the same. There was chapter proceedings on complainant as well as on me. There are two witness in the case, against both i have complaint to police before FIR, police had initiated 149 notice and chapter proceedings on both.
The opposition male member had physically assaulted my mom after 2 months of FIR, so my mom asked police to register FIR, but they threatened her that they will file again a new fake FIR against me. We complaint against this to Police Commissioner,State DGP, PG Cell Of Bombay high court and CM but they are still not filing the FIR. We also met ACP and DCP of our zone, but no action taken.
What are the chances of quashing the FIR in High Court.
What would be the next step, where police is not willing to register our FIR and threatning us.
Your expert guidance would be helpful.Though i have hired a lawyer for session court, but my lawyer saying i cannot go for quash, i need to face the trail, but he also cleared that the opposition case is weak, since the matter is civil which they have turned into criminal.Please advise, what possible steps can be taken.
Devajyoti Barman
(Expert) 26 April 2016
Quashing is a very tricky job to do.
Without see inf the contents of charge sheet, relevant unimpeachable papers no comment cna be made on the outcome or merit of the quashing.
Rajendra K Goyal
(Expert) 26 April 2016
If court reject quashing, have to defend on merits and get the charges false.
If police is not registering your FIR, lodge direct complaint to the Magistrate.
