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manraj (MD)     21 September 2013

Quashing of fir in 379

Dear Experts, 

I request you to please offer your assistance. 

Incident

My Friend in an Alcoholic state boarded a train; he was badly under the influence of alcohol and some pills and was in no condition to judge where he was going. Till date he has no clue what he did and he doesn’t remember anything.

 There was a theft on the train.A bag of the lady was picked up and she complained to the GRP about the same. GRP caught my friend and recovered the belongings from him and booked him for this offence.

 He was brought to the police station and an FIR was lodged for theft. The party came and recognised the belongings.

Now my friend is formally arrested FIR registered and he is currently in jail for 14 days , also his bail plea was rejected.

 Now, in the mean time we contacted the complainant party and they are ready to pardon us and they don’t want to pursue further litigations. 

Is it possible to get the FIR quashed? What is the procedure for quashing? My friend has a very clean record and does not remember anything about the theft since he was drunk but as per the police things were recovered from him

 

Our Advocate said the powers are with the GRP SP and he can direct the court and this has to be done before my friend gets bail. If bail is granted the case will resume and we will have to pursue the case. PLS HELP



Learning

 2 Replies

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     21 September 2013

Dear Mr. Manraj,

Before arresting your friend, police must have got  examined through medical expert in Govt. Hospital and in his MLC there must be report that he was under influence of liquor. moreover you can file the application for plea bargaining before the CJM / concerned mm court, if complainant agreed to pardon then your case will be closed with nominal fine.

Rajiv Bhasin 

Advocate

www.bhasinlegalconsultants.com

follow me on https://www.facebook.com/pages/BHASIN-LEGAL-CONSULTANTS/

 

Mohd Musabbir Ansari (Legal Practice/Litigation New Delhi 09582547570 )     22 September 2013

Mr. Manraj

the allegation of offence committed by your friend is compoundable in nature. same can be settled by the owner of the bag. no need to file quashing petition. magistrate has power to dispose of the case same day as such compounded statement is given by that lady.


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