#quash fir

[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

[mishrasatty7]

FIR Quashing HighCourt Punjab Haryana Latest

Note: This story has not been edited by LegalSeva and is generated from a news syndicate feed.  FIR against Ashu, others meant just to harass: HC Chandigarh: The Punjab and Haryana high court while quashing an FIR filed by Punjab vigilance bureau in Ludhiana against Congress leader Bharat Bhushan Ashu, who was the food, civil supplies and consumer affa irs minister in the 2017-2022 Congress…

[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.

[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.

[suryablogs123]

Know the Reasons Where FIR's Can be Quashed in the High Court

What is FIR? and why does it get Quashed?

An FIR (First Information Report) is a formal document prepared by the police when they receive a complaint about the commission of an identifiable offense. It is the first thing in initiating the criminal justice process and serves as the basement for police investigation and there are some best quashing of Fir lawyers in chennai. The FIR includes:

Details of the person who complained and the accused.

The nature of the offense.

Date, time, and place of the incident.

A brief detail about the incident.

Purpose of an FIR:

It informs the police about an identifiable offense.

It sets the investigation process for the next actions.

It acts as evidence in legal proceedings.

Why does it get Quashed?

An FIR gets filed under Section 3 of the CrPC (Code of Criminal Procedure) and to prevent abuse of the legal way and in the interest of justice; the High Court under section 482 of the CrPC can quash the FIR as well. This will happen when the FIR is false or baseless, made with a view to injure the person against whom it is made, relates to a compromise between the parties in compoundable offenses or where there are jurisdictional errors.

Also, First Information Report may be quashed for the violation of the constitutional provisions of the accused, for example, the freedom from unlawful prohibition under the provision of Article 21 of the Constitution. The quashing of an FIR impacts the High Court exercising its authority carefully to make sure that individuals are safeguarded from the wrong or unfair allegations. Eventually, the court interfered to prevent misuse of the legal system.

Reasons Where FIR's Can be Quashed 

1. Lack of Prima Facie Case

If the allegations in the FIR do not provide a clear, perfect reason for an identifiable offense, the FIR can be quashed. A prima facie case refers to a situation where, even though if the allegations were true, no offense or crime would have happened.

Example: If the FIR does not contain sufficient facts or evidence to prove that a criminal act has happened, that the criminal is proven guilty the High Court may find that the case has no merit or worth.

2. False or Malicious FIR

An FIR filed with the intention of falsely accusing someone, harassing them, or with personal revenge can be quashed easily. Suppose, If it is evident that the FIR was lodged (planted) with malicious intentions such as to settle personal issues or for revenge it may be set aside by the court.

Example: An individual files an FIR out of jealousy or hatred, without any actual reasons, in an attempt to damage the reputation of another person.

3. Settlement Between Parties (Compoundable Offenses)

For certain offenses classified as compoundable offenses, where both parties can settle the matter out of court, the High Court may quash the FIR if the parties have reached an amicable resolution which means (solutions reached without arguing or explaining). Compoundable offenses commonly include family disputes, minor theft, and certain types of cheating or defamation.

Example: In a matrimonial dispute which means (It is a legal term for a disagreement between a married couple and it may cause reasons like physical abuse, marital dissatisfaction, habitual drinking, etc.,) if both the husband and wife agree for the reconciliation, then the FIR can be quashed.

4. Jurisdictional Errors

If the offense alleged in the FIR falls when a legal authority, such as the police officer or a lower court, acts over or misuse its authorized power or fails to follow the proper legal procedure, then the FIR can be quashed. If the court finds out that the police officer who registered it lacked the authority then the FIR will be quashed.

Example: An FIR is filed in a police station in one district when the offense occurred in another, outside the reach of that particular police station's jurisdiction.

5. Barred by Law

If the offense mentioned in the FIR is barred by law, meaning it is beyond the given time limit for prosecution (as per the Limitation Act), the FIR can be quashed. There are specific time limits within which legal actions need to be initiated by the law, and if the case exceeds the time limit, it cannot proceed anymore or further.

Example: If Person A makes a defamatory (It is a statement that harms a person, business, reputation) case against Person B. According to the law, Person B must file a complaint within 3 years after that, It may get dismissed.

6. No Evidence or Fabricated Evidence

If the evidence presented in the FIR is either not even had happened or found to be fabricated (The act of inventing false information) or manipulated, the High Court can quash the FIR. It is crucial that the police investigate the matter thoroughly and gather real evidence based on the allegations made to them.

Example: If the witness statements are found to be unreal or falsely made, and no related proof can support the crime, the FIR will be dismissed by the High Court.

7. Abuse of Process of Law

An FIR filed with the intent to misuse the legal process for example, to harass, intimidate, or force a settlement by these cases can be quashed by the High Court. The legal system is not intended for the usage of personal vengeance or revenge.

Example: Ravi and Arjun are neighbours who had a dispute about the boundary of their properties but instead of resolving the issue ravi filed FIR as arjun trespassed (passing the boundary) and theft in order to harass arjun, put pressure on him and drag arjun into legal trouble.

8. Civil Nature of Dispute

If the dispute described in the FIR is of a civil nature such as a contractual or property dispute that has been wrongly filed as a criminal case (if happened as an accident), the High Court can quash the FIR. Criminal law is not meant to resolve civil matters or disputes.

Example: A dispute over a breach of contract is mistakenly filed as a criminal case, when in reality, it is a matter for civil court.

9. Non-Cognizable Offenses Without Magistrate’s Permission

Non-identifiable offenses are those that do not require immediate police action. If an FIR is filed for a non-cognizable offense without obtaining prior permission from a Magistrate, it can be quashed. In such cases, the police cannot initiate an investigation without a Magistrate's order.

Example: If the dispute is civil then the case should be resolved by civil court. Filing a criminal FIR for a civil matter is considered as a misuse of the law, and such FIR's will be quashed.

10. Violation of Fundamental Rights

If the FIR is found to be a violation of the fundamental rights of the accused, particularly the right to life and personal liberty or freedom under Article 21 of the Constitution, the High Court can quash it. This can happen when an FIR is filed in a manner that violates the basic rights which were given to individuals.

Example: If an FIR is used to harass someone and violate their freedom of movement or privacy, it will also be quashed by the court.

Can FIR be filed without evidence?

Yes, an FIR can be filed without solid evidence. The purpose of an FIR is to report an incident and to initiate an investigation, not just to establish evidence of the crime. The person who gives a complaint may file an FIR based on their belief or knowledge of the incident, and the police are then responsible for investigating and collecting evidence during their inquiry.

Once an FIR is filed, the police will investigate the matter and gather evidence to determine or judge whether a crime has occurred or not. If no evidence is found or if the allegations are proven to be false, the case can be closed, or the FIR may be quashed by the court. In such cases, the lack of evidence does not necessarily prevent the filing of an FIR, but it can affect the outcome or final results.

However, if an FIR is filed maliciously or without basis or solid reason, the person who complained may face legal consequences for filing a false report. While the FIR itself can be lodged without evidence, the strength of the case will depend on the investigation and the evidence gathered. In order to know more information consult the legal consultancy.

What to do after FIR is Quashed?

After an FIR is quashed by the High Court, it can bring relief to the accused by ending the legal proceedings or procedures. However, there are important steps that should be taken to make sure that the case’s outcome or result is properly recorded and any further implications are addressed.

Obtain a Certified Copy: Get the certified copy of the High Court's order as proof of the FIR’s quashing.

Inform the Police: Submit the order to the police station to update their records and stop further investigation.

Consider Legal Actions: If the FIR causes repeated harm, consult a lawyer about potential defamation (act of damaging the good reputation by false statement) claims.

Seek Legal Counsel: Discuss with your lawyer about any further legal actions or defenses you might need.

Apply for Redress: If the FIR was maliciously filed, explore options for seeking compensation or justice.

Clear Your Name: If necessary, take steps to publicly clear your name or inform relevant parties.

Monitor Developments: Stay aware of any new legal actions related to this case.

These are the processes after quashing an FIR.

Conclusion

Quashing an FIR provides relief to the accused by stopping legal proceedings and preventing the misuse of the judicial process. Do you know which section of the high court is quashing?  Section 482 of the CrPC. The High Court may quash an FIR when it lacks merit, is filed maliciously, or contains procedural errors, ensuring fairness in the legal system. If you want to know further you may seek legal advice in chennai.

After an FIR is quashed, it’s essential to obtain a certified copy of the court's order, inform the police, and seek legal advice if needed. These steps ensure that the quashing is properly documented and that any further legal actions are addressed.

The High Court's cautious approach to quashing FIRs protects the accused and ensures the integrity of the legal system. Understanding these steps helps individuals navigate the process with confidence and secure justice.

Reference

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[mishrasatty7]

Wife Refusing FIR Quashing after Settlement - HighCourt

Rancour can’t delay legal closure in marital settlements: HC Chandigarh: The Punjab and Haryana high court has made it clear that matrimonial disputes should not be prolonged due to bitterness or rancour, especially when the parties have reached a settlement. The HC passed the orders while imposing a cost of Rs 1.5 lakh on a woman who, despite getting a divorce from her hus band and entering a…

[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/

[odnewsin]

KTR not to be arrested till Dec 30: Telangana HC breather in Formula-E race case

Hyderabad: In a temporary relief to BRS leader KT Rama Rao, the Telangana High Court Friday directed the Anti-Corruption Bureau officials not to arrest him till December 30 in the Formula-E race case. High Court judge Justice Natcharaju Shravan Kumar Venkat was hearing a Lunch Motion petition moved by Rama Rao (also known as KTR) seeking to quash the FIR filed against him by the ACB. The HC,…

[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.