Quash fir
JEGADEESAN
(Querist) 19 December 2024
This query is : Open
Sir
I would like to clarify some doubt regarding the petition for Quash FIR which has been registered by some frivolous Compliant .
i.e. Some neighbour had given some frivolous compliant on My relative Mr Vinoth and SI has registered FIR under various sections in BNS (Bailable Only ) even though actual dispute related with some land matter.
Now can he approach the High Court to quash the FIR without Anticipatory Bail Since it is bailable offence, I think Police will not arrest him .
Or Compulsorily he should apply for AB or thereafter File petition for Quash ?
Kindly guide me .
Since his advocate told as First he had to file petition for AB and thereafter only he can go for filing the petition for Quash the FIR
T. Kalaiselvan, Advocate
(Expert) 20 December 2024
Applying for AB is a different subject to that of filing quash petition.
If you feel you have merits in your case then you can file a quash petition otherwise you can challenge the case in the trial court itself when it is taken up for trial.
JEGADEESAN
(Querist) 20 December 2024
Sir,
Since it is purely civil dispute . i.e. The Opponent belongs to SC .So First he tried to convert as PCR Case But failed again he filed caveat in various court and Finally he instigate his son to create some problem( Break the water pipe) in my relative land and it has been defended by our labour Hence he has given criminal case and FIR Booked under various sections but all are bailable .
Now which one is better ?
1. Just file Quash Petition & Approach the Police (Since it is bailable may be police expect something and close the case or atleast not harass)
Or File AB and Quash Petition
My relative think , if we go with second Option, Court may direct to sign in Police station for particular days .
Since you are in expert I am expecting your best guidance
