False fir under ipc 307
Vijay Sharma
(Querist) 05 May 2015
This query is : Resolved
Dear Experts,
My brother's wife put a False FIR on us(Husband/Father/Mother and Brother in Law means me) under IPC 307.
I don't live with them since last four years and I was disowned by my parents since last three years. Even I am not living in the same state.
Its a 100% false FIR on us, please suggest how to proceed? Please suggest how can I make sure that I was not there in city/state
on the registered date. Please save us. I am working in a private company and have a 3 years of Kid. Every thing will be finished without proper suggestion.
Jeetender Gupta
(Expert) 05 May 2015
Has the FIR been registered? Were you contacted by Police before registering the FIR? If you have been made an accused the best course would be to apply for anticipatory bail in Session Court? Other option could be approaching High Court U/s 482 CrPC for quashing of FIR / Criminal proceedings against you. One needs to read the FIR for providing a detailed & appropriate suggestion.
Vijay Sharma
(Querist) 05 May 2015
Thanks for the prompt response. Yes FIR been registered. I was not called but my father and brother. I have contacted one advocate now and he is approaching High Court.
I am unable to prove that I was not there in city on the same date. What are the possibilities? Am I forced to be in jail? or I'll get stay on arrest?
Please suggest.
Jeetender Gupta
(Expert) 05 May 2015
Anticipatory bail should first be filed in District Court. And if you are approaching High Court for quashing, it may not be quick to stay proceedings against you. They may just issue notice to state for its report. Grounds of bail are generally different than going into actual facts of the case. Though anticipatory bail in 307 is not easy but it is still worth trying, given the age of your child etc. I understate you wish to keep your identity anonymous, but purely from legal perspective, which state jurisdiction is this?
Vijay Sharma
(Querist) 05 May 2015
Its from UttarPradesh and I am from Haryana.
Jeetender Gupta
(Expert) 05 May 2015
As much as I understand there is no anticipatory bail in UP. That could be the reason why you have been advised to approach the HC directly.
Vijay Sharma
(Querist) 05 May 2015
Thanks Jeetender Ji for your prompt response. But I am still confused what will happen in coming days. Can you please suggest what can happen in favour of me and against me in near future.
Jeetender Gupta
(Expert) 05 May 2015
Best Case : proceedings get stayed / quashed against you.
Worst Case : you get arrested & then apply for regular bail post arrest. You will have to face trial either case.
Lastly, if your family can reach some settlement with complainant, then things could become easier.
You must also read FIR carefully, for specific references against you.
Vijay Sharma
(Querist) 05 May 2015
Thanks for All suggestions.
Now I am pushing my relatives to settlement.
Vijay Sharma
(Querist) 23 May 2015
Dear Jeetender Ji,
Both (husband and father) have got bailed from session court and when we approached High court then we have got stay on case(no arrest for rest of the accused and no bail is required). What does it really mean and what should we do now. There is no way of compromise now. Please suggest and believe me this was the false case under 307.
What if we were able to prove that case was false? Please suggest, it would be really helpful.
Vijay Sharma
(Querist) 21 May 2016
Respected Panel Of Advocate,
Now I can reveal my identity as I am out of this trouble. Can you please suggest the next action point. Here is the highlight of my case.
1) I was not arrested and court gave order to reinvestigate. Police tried to submit false charge sheet again but when we contacted IG and SSP, they took action any asked IO to investigate my location. My name has been removed from FIR as I was not at location at the shown site on that day.
2) But Police(IO) asked us offline that he can't investigate for full incedent as other official(his senior) are forcing him not to do. He removed my name and submitted a chargesheet with 307/498a for my mother, father and Brother. Now all the three members are on bail.
3) Can you suggest what I can do now, as I contacted lawyer to file case for defamation, he suggested there will be no outcome of this. Instead he is suggesting to file a false counter case. I really don't want to do..
~ Vijay Sharma
Jeetender Gupta
(Expert) 22 May 2016
When chargesheet has been filed, it will be appropriate to argue at the time of framing of charge and seeking the discharge. Counter case should be done only if there are some merits and bonafide case. No point filing something only for sake of it. Because as of now some of the members of your family still remain chargesheeted.
