Quashing of fir
rohan
(Querist) 23 March 2012
This query is : Resolved
Dear experts,
a person is arrested u/s 420 and 406 .. in court, accused agrees to pay money to complainant and is released on bail.
complainant is now refusing to quash the fir ..is there any legal law by which fir can be quashed
Ghanshyam Prasad
(Expert) 23 March 2012
File petition u/s 482 cr.p.c. before H.C.
Shonee Kapoor
(Expert) 23 March 2012
Just paying is not enough for quashing.
However, if there was an agreement to this effect, the same can be enforced.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 23 March 2012
Only Defend well.
One can buy time , till HC decide.
It may compel compl to settle and offer negative evidence.
R.K Nanda
(Expert) 23 March 2012
File a writ petition in high court to quash
the FIR.
Advocate M.Bhadra
(Expert) 23 March 2012
FIR charged with u/sec.420 and 406 IPC which are not compoundable offence,since offence admitted on agree to pay,so quashing does not lie.If accused person face the trial it may be acquitted on the basis of facts.
ajay sethi
(Expert) 23 March 2012
before making payment you should have agreed to terms and on said basis moved high court for quashing .
since you have already made payment complainant is not coperating now . try your luck in high court
Kiran Kumar
(Expert) 23 March 2012
the general trend in 420 cases is that even FIRs are not being quashed on compromised basis.
you may try your luck on merits.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 24 March 2012
Once the accused has made payment or agreed to make payment the guilt is accepted so where merit is left for quash of FIR.
Now you have to use defense skills for fighting the case at trial.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 24 March 2012
The human nature works in curious ways and it does work like a math problem so following law is applicable to you so also to your opponent.=
If there is a possibility of several things going wrong, the one that will cause the most damage will be the FIRST to go wrong.
BE READY TO TAKE ADVANTAGE , IT WILL SURELY HAPPEN.
