Difference between FIR cancellation by police and FIR quashing by High Court

Difference between FIR cancellation by police and FIR quashing by High Court

How to Close FIR

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Difference between FIR cancellation by police and FIR quashing by High Court

LTR may be the right step in case you want to know the procedure of fir cancellation because the FIR is a legal document and its closure or cancellation requires set procedures written in law.

1.     procedure for fir cancellation

-        technicality based cancellation of FIR

-        FIR cancellation based on the law point or legal aspects

-        Better is both legal fallacy and also technical fallacy

-        Lego-technical fallacy vis-à-vis LTR may help

2.     Difference between FIR cancellation by police and FIR quashing by High Court

-        A girlfriend files false rape complaint and then later on turns hostile

-        Affidavit by woman to close FIR based on hostility may be required

-        Or written information to police by complainant that she misunderstood the facts hence wants to withdraw so that police may prepare c report to get FIR cancelled by the MM

-        Quashing or cancellation of FIR which is a better option

3.     Can a FIR be withdrawn?

-        Complainant may withdraw indirectly by filing affidavit or written statement before police to prepare a c report and close/ cancel the FIR

-        Police submits FIR cancellation report

-        Do not marry or engaged to a person if she claims false rape charge

-        Attestation by magistrate is required for withdrawal of FIR and the complainant needs to be personally present before the magistrate to attest these.

4.     How FIR can be Cancelled?

-        FIR once cancelled may be reopened by the complainant even after c report but that may be difficult for the complaint now

-        Appeal against affidavit by complainant is rarey admissible in sc

-        If no charge sheet submitted then police may submit FR on closure report

5.     Can a police complaint be withdrawn?

-        Mutual quashing is possible but not plea bargaining

-        Coercion fraud or blackmailing by the girl to marry you is a crime and this needs to be reported when the complainant goes to police for withdrawing of the police complaint

-        Quashing is not suggested as LTR may serve the purpose to close a police complaint within police station

6.     What happens after FIR is registered?

-        Content of the FIR is important and if there are upto 10 years punishment crimes like female foeticide u/s 313 ipc or 377 ipc unnatural sex or rape u/s 376 or gangrape etc then this can not be withdrawn by the complaint

-        Investigation has to happen in serious or grave crimes reported

-        C report or b report may help free the accused

7.     fir cancellation procedure in hindi

-        affidavit by complainant helps in closing case by police through magistrate level

-        fir cancellation procedure may start from nullification of FIR by filing a LTR in respect thereof

-        girls statement is necessary to be recorded before magistrate

-        false marriage promise may call for promise by accused to marry now, only this way such sexual exploitation complaints may be closed

8.     withdrawal of fir by complainant

-        reinvestigation may be ordered by magistrate even after closure report in favor of accused

-        vague allegations good ground to withdraw complaint as per c report

-        FIR is false a good ground to close a complaint by complainant but counter proceedings vis-à-vis malicious prosecution may start against the complainant

9.     fir closure report

-        settlement cum arrangement agreement for fir closure report is necessary so that the case does not reopens at a later date

-        Police or IO can cancel the FIR

-        Lack of evidence means case closure

-        Filing petition in high court may suit

-        Trial ends after quashing of 498a ipc FIR or chargesheet

10. procedure after fir is lodged

-        investigation and conclusion summary by police vis-à-vis police is mandatory as per law

-        prima facie no case made out also a ground for case closure

-        quashment of petition before hc proofs high court is right authority but closing at a lower level through LTR is always recommended as evidences must be put ON-RECORD

-        mobile call recording may be used as an evidence at the evidence stage or at the cross examination as a surprise element

11. fir time limit

-        FIR validity and bail surety based on FR time limit

-        Time depends on lalita kumara judgment

-        Charge sheet is time bound

-        Criminal complaint means a FIR

-        FIR Online means how  to report a FIR online

12. fir cancellation letter

-        this may be filed by the police to the magistrate

-        the accused may file a FIR cancellation letter in the form of a LTR

-        Getting restraining order against the complainant may help an accused

13. quashing of fir before chargesheet

-        before CS the quashing may be done with LTR as a pre-requisite

-        LTR may help and facilitate the path of FIR and case closure

-        Cognizable and non-cognizable offences have separate procedures

14. quashing of fir meaning

-        in compundable or non-compundable cases the quashing procedure may be different

-        LTR needs to be filed to close a false FIR or a wrong Charge Sheet

Therefore, it can be seen that the FIR is a legal document and the guidelines of the Supreme Court need to be followed but if the matter is required to be closed or cancelled by the accused based on falsity or based on counter evidences etc then it is suggested to file a LTR immediately. Further, for the benefit of men there may be many men rights activists or men rights organizations may be active to help pacify the men but the pacification or sympathy is NOT what a man/ husband looks for when false cases are filed on him. Hence, government of India needs to start a men cell india which may suggest the real fighting tactics to the men vis-a-vis counter/s and/ or challenge/s to close a false CAW or a FALSE FIR against a man/ boy/ husband/ celebrity, hence in all over India the government of India needs to start a Men Cell in Delhi type cells for men which must be registered by government of India to help boys/ husbands/ men from false cases and atrocities by disgruntled women/ wives/ girls and by the police respectively.

Email:- aturchatur@yahoo.com