#Quashing of FIR

[mishrasatty7]

Partial Compromise Quashing HighCourt Chandigarh

Note: This story has not been edited by LegalSeva and is generated from a news syndicate feed.  Partial compromise can’t be accepted: HC Chandigarh: The Punjab and Haryana high court has made it clear that a partial compromise in a criminal case cannot be accepted, as it would have serious repercussions on the trial of other accused in the same case. “If such a compromise is made with the main…

[advocate-paresh-m-modi]

Top Criminal Lawyer in Mumbai | Bombay High Court Advocate for Bail | Paresh M Modi | FIR Quashing Lawyer in Mumbai

https://www.advocatepmmodi.in/top-criminal-lawyer-in-mumbai/

[lawzapo-legal]

Can a FIR against my brother in law affect my career even though I was never arrested or convicted?

As you have been found not guilty or acquitted, you will not face any problems in your career now or in future.

In case of arrest or summons issued against you, you will need to follow a different process.

You need to obtain a copy of the judgement and keep it with you for future use if any situation warrants.

Unless and until the court convict an accused he is deemed to be innocent.

In your case a FIR is filed against you, it's only an allegation against you and after filing FIR, in investigation conducted by police, no evidence was traced by police supporting allegation against you in FIR as such in the initial stage itself the prosecution find your innocence and closed case.

So if a court has convicted then your carrier might have affected but you r innocence revealed by the prosecution itself on closing case which shows that a false case is registered against you

It will not effect your carrier in any manner.

You may file for quashing of FIR to get rid of the case under section 482 of the Code of Criminal Procedure. before the concerned high court.

FIR quashing is the petition filed before High Court for quashing the FIR and all related proceedings against the accused.

A FIR can be quashed by the High Court if the Court is satisfied that the accused is falsely implicated and FIR is bogus and frivolous.

Reference Laws: FIR

[seemabhatnagar]

"Teacher's Plea to Quash FIR Under POCSO Act Rejected: Court Emphasizes Need for Thorough Investigation"

The High Court dismissed the petition praying for the quashing of the FIR.

The Court noted that the complaint is more than horrendous, for the reason that the petitioner is a teacher; being a teacher it is indecorous on the part of the petitioner to have allegedly shot the videos and taken pictures of girl children at the time when they are changing their dress, the alleged offence is unpardonable, albeit prima facie. If this cannot become a crime, it is ununderstandable as to what else can be. It is for the petitioner to come out clean in a full blown trial, as any entertainment of the petition at this juncture, at the stage of registration of crime, would be putting a premium on the illegal activities of the petitioner/ teacher.

Background:

Muniyappa was employed as a drawing teacher at Morarji Desai Residential School. On December 15, 2023, the Joint Director of the Social Welfare Department received a complaint through the control room, alleging that Muniyappa had recorded videos and taken photographs of minor girls at the school while they were changing clothes. This led to the registration of FIR No. 209/2023 under Section 12 of the Protection of Children from Sexual Offences (POCSO) Act by the Masthi Police Station.

Legal Issue

Whether the FIR against Muniyappa under Section 12 of the POCSO Act should be quashed on the grounds of procedural irregularities and alleged malice.

Argument of the Parties

Petitioner's Argument

The investigation began unlawfully before the FIR was registered, violating legal procedures.

The complaint was motivated by personal vendetta because Muniyappa had earlier reported the misuse of school children for cleaning water and sewerage tanks.

The complaint contained corrections, indicating that it was fabricated to malign Muniyappa.

Respondents (State of Karnataka and the Joint Director, Social Welfare Department):

Muniyappa's actions constituted a clear offense under Section 12 of the POCSO Act.

The evidence, including videos and photographs on the seized mobile phones, confirmed the allegations.

The Petitioner-Muniyappa was not cooperating with the investigation, as he refused to unlock one of his mobile phones, which likely contained incriminating evidence.

Muniyappa recorded inappropriate videos and took photographs of the girls, which was substantiated by evidence from his mobile devices.

Court's Observation

The court noted the procedural concerns raised by Muniyappa but emphasized the seriousness of the allegations under the POCSO Act and the need for a thorough investigation to determine the truth.

It examined the sequence of events, including the timing of the complaint, the seizure of the mobile phones, and the registration of the FIR. The court considered the arguments regarding the tampering of the complaint and the handling of electronic evidence.

The court was cautious in considering the petitioner's argument about the complaint being fabricated, given the sensitive nature of the allegations involving minor students.

[amlawfrimseo]

High Court of Bombay Dismisses Petition to Quash FIR

High Court of Bombay Dismisses Petition to Quash FIR in Matrimonial Dispute

On 22nd July 2024, the High Court of Bombay, comprising Justices A. S. Gadkari and Dr. Neela Gokhale, dismissed a petition seeking to quash an FIR under sections 498-A, 406, 504, and 34 of the Indian Penal Code. The case involved allegations of matrimonial cruelty.

Case Background

The petitioners, consisting of a husband, father-in-law, and three sisters-in-law, were accused by the complainant of severe harassment and cruelty. The complainant alleged that after her marriage in December 2021, she faced abuse and unreasonable demands from her in-laws, including being forced to perform all household chores and subjected to degrading checks via WhatsApp video calls.

To know  more on the case : https://www.amlawfirm.in/post/high-court-of-bombay-dismisses-petition-to-quash-fir-in-matrimonial-dispute

[lawtoppers]

Punjab and Haryana High Court Quashes FIR Against YouTuber Elvish Yadav

[slglegal22]

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[theancienttimesnews]

Once FIR is quashed, media must delete articles regarding filing of FIR since they harm reputation: Gujarat High Court

Once a First Information Report (FIR) is quashed, the media should delete news articles reporting the lodging of the said FIR, as they could harm the reputation and goodwill of the person against whom the case was lodged, the Gujarat High Court observed on Wednesday. A Division Bench of Chief Justice Sunita Agarwal and Justice NV Anjaria was hearing a letters patent appeal filed by an NRI…

[westnort-southeast]

In a vibrant spring afternoon, the sun gently filtered through the windows of Aaron Mercury's luxurious apartment, highlighting the minimalist elegance that characterized his home. Aaron, a successful entrepreneur known for his ventures in the gourmet dining sector, was browsing through his social media. With over a million followers on TikTok, Aaron was famous for his videos blending business tips with a dose of glamorous lifestyle.

However, this tranquility was abruptly interrupted by a phone call that would change his life forever. The phone rang insistently, and upon answering, a deep, threatening voice spoke to him from the other side. It was Marco Díaz, a ruthless criminal who had managed to escape from prison. Marco, an expert in dark magic and occult arts, had devised a twisted plan to swap bodies with someone who could offer him a new life of luxury and power.

In a moment of distraction, while Aaron tried to make sense of what was happening, Marco managed to transfer his consciousness into the businessman's body, leaving Aaron trapped in the criminal's body. Aaron suddenly found himself in a dark and unfamiliar world, unable to comprehend how he had ended up in this situation. Meanwhile, Marco, now in Aaron's body, relished in his new identity.

With the charm and appearance of a successful entrepreneur, Marco began to exploit the advantages that Aaron's life offered him. His physical presence, now more attractive and seductive thanks to Aaron's body, turned him into a sexier and more powerful version of himself. Marco skillfully navigated the high society circles Aaron frequented, seducing multiple women with his charisma and charm amplified by the body swap.

"Look how you shine now, Aaron," Marco murmured to himself as he observed his reflection in the mirror, appreciating every detail of his new appearance. "This body offers me more than I ever dreamed of. I have money, prestige, and power in the palm of my hand."

Meanwhile, the real Aaron Mercury, trapped in Marco's body, was forced to follow the criminal's orders. Marco had threatened to ruin his life and reputation if he resisted or reported him. Aaron, in a state of shock and desperation, was compelled to act as Marco's henchman, participating in increasingly dangerous and morally questionable activities to maintain appearances.

Over time, Aaron began to develop skills and knowledge that originally belonged to Marco. The merging of their identities started to alter his thoughts and behaviors, leading him to face internal conflicts about who he really was and what his future would hold. Despite everything, Aaron couldn't help but feel a growing sense of revulsion towards Marco's actions and how he was using his body to satisfy his own desires and ambitions.

The situation became even more complicated when Aaron, who had led a relatively reserved life before the body swap, suddenly found himself with a legion of admirers who were captivated by the charismatic and attractive businessman that Marco now appeared to be in his body. Women approached him at events and social gatherings, fascinated by his new aura of power and mystery.

"You can't escape this, Aaron," Marco reminded him with a sinister smile. "This body and this life are mine now. If you try anything, I'll destroy everything you've ever loved."

Weeks turned into months, and Aaron's life became a constant nightmare of lies and deceit as he struggled internally to find a way to reclaim his true body and expose Marco. However, every attempt to escape or reveal the truth was quickly quashed by Marco, who ensured he maintained absolute control over him.

Meanwhile, Marco, enjoying the fruits of his new life, exponentially expanded his drug trafficking network using Aaron Mercury's resources and influence to consolidate his position as one of the region's most feared and powerful criminals. His new appearance and charisma made him an even more enigmatic and dangerous figure within the criminal underworld.

My first story also in English; perhaps with enough support, I'll continue writing.

[fact-nova]

The Controversy Surrounding Ram Gopal Varma: An Analysis of His Legal Challenges

Ram Gopal Varma, a name synonymous with controversial filmmaking and outspoken opinions, has once again found himself at the center of a heated legal and political debate. Known for his audacious tweets and unconventional approach to controversies, Varma has often dismissed legal notices and arrest warrants with an almost cavalier attitude. However, recent developments suggest that the situation this time is significantly more serious. As of November 25th, Varma appears to be avoiding direct confrontation with the authorities. The police from Prakasam district, Andhra Pradesh, have made attempts to reach him at his residence, only to find him absent. Teams have been dispatched to Mumbai and Coimbatore to locate him. This escalation raises questions about the gravity of the charges against him and his response to them. The Origin of the Legal Battle The issue stems from a social media post by Varma that promoted his pre-election film Vyuham. In this post, Varma used morphed images of prominent leaders like Nara Chandrababu Naidu, Pawan Kalyan, and Nara Lokesh, placing their faces onto female characters. The post sparked outrage and led to a complaint by Ramalingam, a TDP Mandal Secretary from Maddipadu village in Prakasam district. An FIR was registered on November 12th, and the police subsequently summoned Varma for questioning on November 19th. Varma, citing prior commitments and a packed schedule, failed to appear, requesting an extension to November 24th. As the situation escalated, Varma and his legal team filed a quash petition and an anticipatory bail plea in the Andhra Pradesh High Court. Legal Proceedings and Responses Varma’s advocate, Balayya, has made the following arguments in his client’s defense: - Cooperation with Authorities: Varma has responded to the police notices and expressed willingness to cooperate. His absence, they argue, is due to genuine professional commitments. - Virtual Meetings as a Solution: Given concerns about potential arrest during in-person questioning, Varma’s team proposed a virtual meeting. - Media Speculations: Balayya emphasized that rumors of third-degree treatment against Varma are baseless and only serve to sensationalize the issue. Despite these assurances, the police remain firm. Prakasam SP A.R. Damodhar has made it clear that the choice between virtual and in-person questioning lies with the authorities, not Varma. He criticized Varma’s perceived lack of respect for the process, stating that such requests should have been made earlier. The Political Angle The controversy has also drawn comments from political figures. Andhra Pradesh Chief Minister Y.S. Jagan Mohan Reddy recently condemned what he called “revenge politics.” He questioned the legitimacy of targeting Varma when his films, including Vyuham, have passed the scrutiny of the censor board. Reddy highlighted the importance of free speech and the risks of stifling dissent through legal intimidation. Analyzing the Larger Picture The situation presents a complex interplay of legal, political, and social factors. On one hand, the police are acting on a complaint that falls under the purview of defamation and potential misuse of social media platforms. On the other, Varma’s supporters argue that his actions fall under creative freedom and political satire. This case also raises broader questions about the fine line between free speech and defamation. Should filmmakers and public figures be held to stricter standards when commenting on sensitive political issues? Or does this signify an attempt to curtail dissenting voices under the guise of legal enforcement? Conclusion The saga surrounding Ram Gopal Varma’s legal challenges is far from over. As the courts deliberate on his petitions and the police intensify their efforts, the outcome will likely have implications beyond this individual case. It will touch on issues of creative expression, political satire, and the boundaries of law enforcement in a democratic society. Whether Varma’s actions are seen as provocative but harmless satire or as a calculated attempt to defame political figures, one thing is clear: this controversy will continue to spark debates in the public sphere. Only time will reveal which side of the story resonates more strongly with the public and the judiciary. What are your thoughts on this issue? Is this a necessary correction to unchecked behavior, or does it pose a threat to free speech? Let’s discuss in the comments below! Read the full article

[mishrasatty7]

SC/ST Fir Quashing High Court Chandigarh

Note: This story has not been edited by LegalSeva and is generated from a news syndicate feed.  CHANDIGARH: The Punjab and Haryana high court has quashed criminal proceedings against a Haryana activist booked for “casteist” comments against an Indian Police Service (IPS) officer, Vinod Kumar, who was SP, Charkhi Dadri in 2021. “…in no manner would suggest that the petitioner made any casteist…

[advocate-paresh-m-modi]

Top Criminal Advocate in Kutch Gujarat | Paresh M Modi

https://www.advocatepmmodi.in/top-criminal-advocate-in-kutch-paresh-m-modi-9925002031/

[lawcrustglobal]

What can I do if someone filed a false fir against me? I am an NRI and now I got bail. I want to join duty aboard.

Firstly, congratulations on getting bail! That’s a huge relief. Now, let’s focus on tackling the false FIR issue and making sure your career abroad isn’t held back any longer.

1. Consult a Lawyer It’s essential to have a good criminal lawyer who can guide you through the complex legal process. A lawyer will help you understand your rights, suggest potential defenses, and provide strategic advice for quashing the FIR.

2. File for Quashing the FIR Under Section 482 of the Code of Criminal Procedure (CrPC), you can apply to the High Court to get the false FIR quashed. This section is specifically designed to prevent abuse of the court process. If the FIR is baseless, the court can dismiss it, allowing you to move forward without the legal cloud hanging over you.

3. Gather Evidence To strengthen your case, collect all relevant evidence that disproves the false allegations. This could include:

Witness statements supporting your innocence. Alibi proof (flight tickets, hotel records, etc.). Text messages, emails, or CCTV footage that show you weren’t involved in the incident. 4. Consider a Defamation Case If the false FIR has damaged your reputation, you can file a defamation case under Section 499 and 500 of the Indian Penal Code (IPC). This will allow you to seek compensation for any harm to your personal and professional image caused by the false accusations.

5. Cooperate with Investigations While you’re in the process of fighting the false FIR, cooperate with the investigating authorities. Provide all the necessary documents and information. If you feel your rights are being violated, make sure you have your lawyer by your side during this stage.

6. Obtain Necessary Travel Documents Since you're an NRI, you’ll need to ensure you can travel for work. You may need to get a No-Objection Certificate (NOC) from the investigating authorities, confirming that there are no legal objections to your international travel. Your lawyer can assist with this.

7. Stay Calm and Stay Informed The legal process can be slow, but persistence is key. Stay updated on the status of your case and attend all court hearings. Your presence in court can make a significant impact.

8. Future Steps: Clear the Air with Your Employer Once the FIR is quashed, approach your employer. Explain the situation and show the steps you’ve taken to resolve the issue. Most companies will appreciate your transparency, especially if the legal process has cleared your name.

Example: In a similar case in 2021, an NRI businessman faced false accusations, which led to a police case being filed against him. With the help of his lawyer, he successfully had the FIR quashed. Despite the initial setbacks, he was able to join his work abroad after resolving the case, demonstrating that persistence and good legal support can get you through.

In Conclusion: While dealing with a false FIR can be frustrating, remember that the legal system offers remedies to clear your name. By taking the right legal steps and gathering solid evidence, you can ensure that your career abroad is not compromised. Stay calm, consult with experts, and take one step at a time.

As India’s legal system becomes more attuned to the needs of NRIs, reforms like remote hearings and more efficient handling of cases could help future cases be resolved quicker. Stay informed, and take the right steps to protect your rights and reputation! For expert legal assistance in handling false FIRs and protecting your career abroad, LawCrust Legal Consulting is the trusted name. Their team of experienced lawyers provides the best legal resolutions to clear your name and ensure your future is secure. For more details, visit https://lawcrust.com/ For immediate legal service, call us at +91 8097842911.

[seemabhatnagar]

Jammu & Kashmir High Court Quashes FIR Following Mutual Settlement in Civil Dispute

The High Court allowed the quashing of the FIR and the criminal proceedings arising from it as the parties have settled their controversy. The court noted that while quashing should be exercised with caution, the amicable settlement between the parties in this case justifies the quashing of the FIR.

1. Background:

There was a civil dispute between the father of the petitioner and Respondent Suman Devi resulting in a FIR U/s 294IPC & 506IPC against Ashok Kumar. However, after the intervention of the members of the society, the matter was sorted and a settlement was arrived. Despite this settlement, the case proceeded, as such the petitioner Ashok Kumar sought relief from the court, arguing that the continuation of the criminal proceedings was unwarranted in light of the settlement.

Ashok Kumar v. Union Territory of Jammu and Kashmir through Police Station R S Pura & Suman Devi

Crl. Misc. Case No. 189/2024

Before the High Court of Jammu and Kashmir and Laddakh

Heard by Hon'ble Mr. Justice Yusuf Wani J

2. Legal Issue:

Whether the FIR and subsequent criminal proceedings could be quashed under Section 482 of the CrPC (now Section 528 of the Bhartiya Nagarik Suraksha Sanhita, BNSS) on the basis of a mutual settlement between the parties, despite the non-compoundable nature of the offenses involved.

3. Argument of Parties:

Petitioner (Ashok Kumar): Argued that the criminal proceedings were a result of a civil dispute that had been settled amicably, and continuing the case would serve no purpose.

The petitioner emphasized that Apex Court has previously quashed similar proceedings to allow parties to live peacefully.

Respondent: Respondents did not dispute the settlement but highlighted the limitations of the law concerning the quashing of FIRs in non-compoundable offenses.

4. Court's Observation:

The court recognized that while FIRs generally should not be quashed solely because of a settlement between the parties, there are exceptional circumstances where such action is justified.

The court emphasized the importance of balancing the interests of justice with the societal impact of quashing criminal proceedings.

The court referred to precedents where quashing was allowed in similar cases involving personal disputes that were later resolved.

[odnewsin]

Orissa HC raps lawyer for taking Rs 16L, gold chain and bracelet from client to bribe judge

The Orissa High Court recently came down heavily on a lawyer who has been accused of taking over Rs 16 lakh, a gold chain and a bracelet from a client on the pretext of using the same to bribe a judge. The High Court also refused to quash an FIR lodged against the lawyer, the Bar and Bench reported. Justice Sibo Sankar Mishra dismissed the lawyer’s plea to quash the FIR and imposed costs of Rs…