Quash of FIR

Querist : Anonymous (Querist) 13 January 2011 This query is : Resolved
There are 5 accused in FIR. Only one accused seems to be connected with the offense. Can any of the other accused ask for quashing the FIR?

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Amit Minocha (Expert) 13 January 2011
it will depend upon allegations in the complaint against them. If there are allegations (direct or indirect) then it might not be possible.

Ajay Bansal (Expert) 13 January 2011
It would be better to argue against framing of charge in the Trial Court,instud of filing a quashing petition in High Court by remaining accused,who have even primafaci no connection with the crime in question.

Silabhadra Sastry Advocate (Expert) 13 January 2011
If your name is simply mentioned in the FIR and does not disclose the part of crmime done by you or your involvement and if any witness has not stated against you in 161Cr.PC. statement before police then you can take recourse of law u/s482 Cr.P.C. before High Court for quashing out FIR.Again you can also file discharge petition before the concerned Magistrate/judge at the time of framing charge.

Uma parameswaran (Expert) 13 January 2011
After considering the police report and after heard the accused ,The Court shall consider the discharge petition filed under 239 CrPC.

Devajyoti Barman (Expert) 13 January 2011
Yes any of the accused persons can apply for quashing.

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