Rohit patel 13 September 2018

Regarding act 354 ipc

One lady has filed an FIR 354 on my brother for sending some bad words on what's app and she is unknown but sir the charge sheet is filed and we have balled him before arresting and now we have convinced that women to take back the FIR lodged against my brother so she is ready but I don't know now what to do next ?? please help me urgnt please

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Adv Deepak Joshi +917017821512 (Advocate) 13 September 2018

Dear querist,

You may approach High court for quashing Charge Sheet.

Deepak Joshi & Associates

Djaa.legal@gmail.com

Mb/whatsapp +919456777600

Rohit patel 13 September 2018

sir can you share whole procedure in detail as I am B-pharmacy student so I dont have more knowledge regarding this all stuff

anubhav Bhatt 13 September 2018

Dear Client file a 482 Cr.P.C. Application before Hon'ble High Court where both parties council will present your matter on the basis of Compromise Deed which will prepare before below court and then court will quash that chargesheet if need more clarification then you may contact us.

Regards,
Adv Anurag Bhatt
Allahabad High Court
Mobile and whats app no. 9198889990

Rohit patel 13 September 2018

sir ,
police had shown arrest warrant at 3 pm and we had taken bale at 4:45 pm so still we can quash the file??till now we had just taken a bell now what should be done ?

anubhav Bhatt 13 September 2018

It's not matter that warrent has been issued or you got bail or not. Exactly what you want you just want to quash that chargesheet whatever filed by Investigating Officer before Court so in that case file 482 Application and again read what I mentioned in earlier reply. If still have any doubt you may contact us. Regards, Adv Anurag Bhatt Allahabad High Court

Rohit patel 13 September 2018

sir we have appointed lawyer so shall we say him to apply for 482 or we should do by our self the same?
and thnq so much @ ANUBHAV BHATT

anubhav Bhatt 13 September 2018

No issue you may file that application via council and also engage a lawyer on behalf of opposite party or opposite party may engage a lawyer therefore proceed further.

Rohit patel 13 September 2018

oke thnq so much sir

K Chakraborty 13 September 2018

if the both party agree to terminate the rest of the procedure of this case then you may file a petition before the HC as per the provision section 482 Cr.P.C.... there are lots of ruling where apex court terminated concluding part of the case where both parties ware agreed for the same... so go ahed

TGK REDDI 14 September 2018

The FIR can be withdrawn by the Assistant Public Prosecutor.

Charge Sheet. Charge Sheet. Charge Sheet. It's not visible to me.

R Trivedi (advocate.dma@gmail.com) 14 September 2018

354 is not compoundable, so the quick remedy is quash under S.482 by HC, the HC may or may not agree. If HC finds that female has lied blatantly, then she will be in soup or if HC finds that the male has given huge money then both sides in huge problem. So work out the compromise clearly, it should be genuine, make it appear like a misunderstanding without contradicting various earlier written statements and then approach HC.

TGK REDDI 14 September 2018

Shri R. Trivedi

Dear Sir

A Compalaint on an uncompoundable offence can be withdrawn. It's easier to withdraw an FIR,

When the Informant is in no mood to carry out prosecution, why quash?

R Trivedi (advocate.dma@gmail.com) 16 September 2018

But that's law!! These crimes are not X vs Y, they are state Vs Y. So once the FIR is done, the withdrawal remedy is not with victim, many a times not even with the lower trial court, but only with High Court under S.482 CrPC.

TGK REDDI 16 September 2018

When withdrawal fails, quash can be resorted to. Not by the Informant, however. State rarely goes in for quash. Accused should. Quash is requested when a case is frivolous or vexatious. In such a matter, applying for Discharge by the Accused is an easy and inexpensive remedy. The Informant will, in this case, help the Accused.

If the Assistant Public Prosecutor withdraws and if the trial court gives its nod, the permission of either the Sessions Court or the High Court is unnecessary. High Court can, of course, revoke the case. Only in the rarest of rare cases.

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