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Suraj   04 February 2025

Quashing of fir

If order for FIR taken under 156(3) in which names of 2 accused were mentioned by complainant but while lodging FIR, he lodged against unknown, in such a case can a person who was made accused during investigation and also had to take ABA as 41-A notice was given and in his reply IO opposed the ABA, file quashing of FIR alone.? There are other accused also made similalry during investigation as well as those who were originally named in 156(3).

Should quashing will be stronger if u accused join or a single accused also have same strength?



 4 Replies

T. Kalaiselvan, Advocate (Advocate)     04 February 2025

Without knowing the background details any opinion given here would be a sheer misguidance.

You may rely upon your own advocate for all such practical issues.

Vishesh K Sapra (Advocate Delhi High Court and Supreme Court)     04 February 2025

Hi Suraj ji,

If an FIR is filed against unknown persons and, during the investigation, you are named as an accused, you have the option to file a petition under Section 482 of the Criminal Procedure Code (CrPC) to quash the FIR. This is applicable even if you were not initially named but were implicated later based on the investigation’s findings. 

Filing a joint petition with other accused individuals can potentially strengthen the case for quashing the FIR. A collective approach may demonstrate to the court that multiple parties believe the FIR lacks merit or is unjust, which could influence the court’s perspective. 

However, it’s important to note that an individual accused can also independently file for quashing the FIR. The success of such a petition depends on the specific circumstances and evidence related to your case. Courts assess each petition based on its own merits, so an individual filing can be as effective as a joint one, depending on the situation.

To discuss further reach me out at adv.vishesh@icloud.com

Suraj   04 February 2025

will we get some benefit that complainant took orders u/s 156(3) where he named 2 accused but FIR was filled by him against UNKOWN. That can also be given as malafide intention to frame whoever he wants by giving money to IO which is actually happening in investigation? Also pl note my name was not there in 156(3).

P. Venu (Advocate)     04 February 2025

There could be meaningful suggestion unless the the documents, esp. the Police Report,  are perused and issues discussed.


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