Quash fir
JEGADEESAN
(Querist) 19 December 2024
This query is : Resolved
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
T. Kalaiselvan, Advocate
(Expert) 20 December 2024
1. Since it is a bailable offence you don't have to obtain AB neither quash of FIR.
You can challenge the case in the trial proceedings properly because you have merits in your case.
JEGADEESAN
(Querist) 21 December 2024
Thank you so much kalaiselvan Sir
Dr. J C Vashista
(Expert) 22 December 2024
AB followed by petition for quashing of FIR is the best option evn if it is bailable offence, as advised by learned senior expert Mr. T Kalaislevan.
JEGADEESAN
(Querist) 07 January 2025
Sir,
I would like to clarify some doubts regarding Quashing FIR .
i.e. My Advocate Prepare the petition with The SP as 1st Respondent and DSP as 2nd respondent , The Inspector of Police as 3rd Respondent and the De-facto complainant as 4th Respondent
Since he has added SP & DSP as respondents the court official returned the petition for Quash the FIR and asked explanation regarding the additions of SP & DSP in Quash Petition .
Whether there is no requirement to add SP & DSP as Respondent While the FIR raised by the Sub Inspector of Police and the case will be represented by Inspector ?
Because in some advocate advised as Respondent should be as follows
The State of Tamil Nadu represented by The Inspector of --Police Station & another ( The De facto Complainant)
But my advocate prepared the petition along with SP & DSP as also one of the respondents
Which one is correct?
T. Kalaiselvan, Advocate
(Expert) 08 January 2025
It appears that your advocate is yet to learn the filing procedure.
There's no necessity to implead SP or DSP in the quash petition as respondents.
It is state government which is prosecuting the case through police hence the respondent is state through inspector of concerned police station.
Dr. J C Vashista
(Expert) 08 January 2025
Impleading SP, DSP and/or any other officials (except the State) is bad pleadings, it is better to change your lawyer immediately as s/he is yet to learn basics of law.
JEGADEESAN
(Querist) 08 January 2025
Thank you so much Kalaiselvan Sir & Vashista Sir . Both of you have given Nice reply & guidance .
Dr. J C Vashista
(Expert) 09 January 2025
Thank you so much Mr Jegdeesan for your understanding and appreciation.
