F i r quash petition / withdrawal of private criminal complaint by the complainant
TR Madhavan
(Querist) 29 April 2013
This query is : Resolved
Complainant filed a private criminal complaint U/s 200 Cr.P. C. before the Addl.CMM in 2010.
FIR registered in 2010 U/s. 419, 420, 469, 448, 505 IPC R/w 34. Charge Sheet has not filed yet.
F I R states:
The brief fact of the case are that today ie, July, 2010 at Hrs received a court petition filed by the complainant, in which he state that on dated at hrs, first and second accused, who are the one of the flat owners of apartment constructed by the complainant entered into office of the complainant situated at hyderabad represented themselves as Secretary and President of the association and demanded amount by blackmailing him that they will file flase cases against hime on the defects in constructing the apartments. Hence he prayed to the hon'ble court and requested for necessary action against the accused persons.
The accused applied for anticipatory bail and got awarded the same. In the bail order the judge did stated that;
1. In support their contention they also filed photocopy of FIR, letter addressed to the Hon'ble Consumer Commission and resolution of the flat owners association related to the office bearerships.
2. As can be seen from the record admittedly the petitioner representing the flat owners association approached the said consumer commission for deficiency of services against the complainant and in Consumer Dispute the commission directed the defacto complainant to rectify the deficiency and pay fine of an amount to the members of the association. PRIMA FACIE; if the petitioner has cheated the commission the defacto complainant would have brought to the notice of the commission and the commission would have issued such order infavour of the petitioner.
1. Can a FIR Quash petition be moved before the Hon'ble AP High Court?
2. Under which section petition has to filed?
3. The Petition has to be moved by the named accused or the complainant?
4. The complainant has decided to withdraw his private criminal complaint, under which section he has file a petition before the court so that, the matter can be referred to lok adalat to pass necessary compromise order and close the case.
Hope that the experts will advice me according to the existing provision in law on the matter.
Devajyoti Barman
(Expert) 01 May 2013
1. Good case for quashing but better to wait till submission of charge sheet.
2. u/s 482 crpc.
3.yes
4.He can allow it to be dismissed for default on non prosecution.
ajay sethi
(Expert) 01 May 2013
you have good case on merits . you can move HC under secxtion 482 for quashing .
