Alex (System Engineer) 11 March 2013

Can fir be quashed - before filling charge sheet

Hi Experts,

I have few queries. A FIR have been filled against my Dad and brothers for beating a man with weapon(Though it is a SIMPLE Quarrel it was portrated as Gangster attack).

1. The FIR was filled after 2 weeks when the incident was happend.

2. We took conditional bail after 2 weeks the FIR was filled. None of us was arrested before the bail.

3. The incident was happened before ONE YEAR but the Charge sheet was not yet filed.

4. We haven't received any Summon from the court yet.

5. It was really a worry for all of us as we are working in IT companies and one of my brother is searching for job.

Could any one of you please suggest me the best approach to be followed by me.

Can the FIR be quashed before the charge sheet is filled?

Your help is much appreciated.

Thanks,

Arjun

Reply Follow

1 Replies

Advocate Kishor Hajare (Advocate) 12 March 2013

Mr.Arjun,

In your case, at the first instance, We should know the charges framed by the police against your family.

Secondly, whether you have received copy of FIR.

See, basically, in police case, police registers the case and thereon makes investigation and inquiry.

On the completion of investigation and inquiry, if police founds that, the charges levelled against you are legally correct, then they submit their report to the court(charge sheet) and seeks arrest and detention of accused.

In your case, it is still to believe that, police are in process of investigation and inquiry.

Kindly co-operate with the police and get the matter sorted out at the initial stage.

Regards

Kishor Hajare/9930647734/hajare.kishor@rediffmail.com