Quashing of fir
Tripathi
(Querist) 13 December 2015
This query is : Resolved
Dear Sir,
I filed a civil suit against illegal construction done by a retired police official. The case was awarded in our favor and the authorities has been ordered to demolish the structure. The structure was demolished only partially.
When the civil proceedings were on, he filed a false FIR against my husband in the local police station alleging sexual harassment to his wife under section 354 (c), 354 (d) , 508,509. Apparently this was done to prevent us from filing the executive petition to complete the demolition.
It is more than five months - not even once the local police called my husband or recorded anything. The colony has more than 10 cameras.
On hearing the FIR, when we went to the police station on our own, the IO said nothing to worry and no evidence is there against my husband. However, they are not closing the FIR also.
The questions are:
1. Can I make a formal representation to the local police to close the FIR?
2) Is there any period by which the FIR can be closed based on our representation?
3) Under what section/s , I can file the quashing of the FIR in the High Court?
4) How much period normally the High Court takes to quash the FIR?
5) The retired police official already indicated to us that he may file serious charges under non-bailable section (like attempt to rape or attempt to murder) onceagain in case we proceed with the execution petition in the civil court.
6)How to prevent this situation of further false FIR from him?
We are worried now.
Kindly help us by suggesting suitable remedy.
with regards,
Mrs.Raj Gupta
Sudhir Kumar, Advocate
(Expert) 13 December 2015
1. Can I make a formal representation to the local police to close the FIR?
WRIT PETITION CAN BE FILE DIN HIGH COURT
Sudhir Kumar, Advocate
(Expert) 13 December 2015
2) Is there any period by which the FIR can be closed based on our representation?
PRACTICALLY NO
Sudhir Kumar, Advocate
(Expert) 13 December 2015
3) Under what section/s , I can file the quashing of the FIR in the High Court?
ART 226 OF CONSTITUTION.
Sudhir Kumar, Advocate
(Expert) 13 December 2015
4) How much period normally the High Court takes to quash the FIR?
MEET ASTROLOGER
Sudhir Kumar, Advocate
(Expert) 13 December 2015
5) The retired police official already indicated to us that he may file serious charges under non-bailable section (like attempt to rape or attempt to murder) onceagain in case we proceed with the execution petition in the civil court.
YOU SHOULD FILE CASE AGAINST HIM FOR INTIMIDATION IF YOU HAVE RECORDED THREATS.
IF YOU CAN GATHER EVIDENCE OF RECORDING THREATS OF USING POLICE CONTACTS AGAINST YOU YOU CAN GIVE COMPLAINT TO DGP REQUESTING ACTION UNDER PENSION REGULATIONS AND HIS PENSION CAN BE AT PERIL.
Sudhir Kumar, Advocate
(Expert) 13 December 2015
6)How to prevent this situation of further false FIR from him?
BY FILING FIR AGAINST HIM.
P. Venu
(Expert) 13 December 2015
Prima facie, the the Police have investigated the case diligently and found no evidence for further proceedings. And the Retired Police Officer could had/has no influence. His further indications of filing more serious charges are only mere pretensions - mere expressions of his helplessness.
It is better that he and his pretensions are ignored.
Devajyoti Barman
(Expert) 14 December 2015
1&2- Under no circumstances the FIR can be closed on representation of accused person.
3. Quashing is filed u/s 482 crpc.
4. It depends on court. If the quashing petition is admitted then it should take around 6 months.
5. No new case is likely to be filed.
6.There is no preventive measure except not to roam around them.
K.S.Srinivas
(Expert) 16 December 2015
1. The police can not close FIR on your representation.
2. No such period prescrilbed.
3. Since No incidence of offence as alleged in the FIR has happened, a Petition / Application u/s 482 of Cr.P.C., can be filed before the High Court, for the quashing of said FIR.
4. Can no say.
5. You can not stop him if he wants to do so.
6. You can not prevent him filing further false FIR once again.
T. Kalaiselvan, Advocate
(Expert) 23 December 2015
Instead of requesting the police for closing FIR (which they will not do), better go for quashing the FIR through high court under section 482 cr.p.c.
The police has no power to close the FIR on the representation of the accused.
under section 482 cr.p.c.; consult your lawyer on such further issues.
The time taken by high court cannot be predicted;
You should not pay heed to the threats given by the retired police official, if you are right you may proceed with he execution petition as per law, let him file any amount of false cases, you can challenge them on merits.
You have to be vigilant about it however, in the event of his further complaints, you may receive summons from police once again hence after receiving calls from police you may take steps accordingly.
