Friday, February 22, 2019

quashing and cancellation of fir in india


quashing and cancellation of fir in india



quashing and cancellation of fir in india

whenever the time comes to get the FIR cancelled or quashed then quick jump on quashing may be the wrong choice when through a LTR the FIR may be closed or cancelled so learn ways about how cancel fir using a LTR as per social stigma link given below:-

1.     how cancel fir
-        file LTR in police or court or to the right authority who may take action
-        ask for fair and unbiased investigation
-        putting docs of accused on record may in itself means moving towards cancellation of FIR
2.     quashing and cancellation of fir in india
-        In India the FIR may be quashed or cancelled using the lego-technical representation
-        Quashing is different from cancellation whereas both serves the same purpose
-        Quashing may be costly as compared to LTR based cancellation
-        Quashing may come with conditions or travel restrictions or other conditions/ restrictions etc imposed on the appellant
-        Cancellation using LTR may not come with conditions as this is just a way to ask the court legally, to put on record the defendant evidences
-        To take action based on accused documents proving falsity of complainant’s FIR is enough proof that the police/ state and the court may be duty bound to take action
-        Cancellation requires pressing at regular intervals

3.     Can FIR be Cancelled by police?
-        Police have indirect power to cancel FIR
-        Police may use the M-Power by the accused to close the FIR
-        Police may get the FIR cancelled by preparing final report accordingly
-        If FRT by police finds no proofs or no truth in allegations in FIR then police may ask the court to cancel FIR
4.     Can we withdraw FIR?
-        FIR may be withdrawn by giving statement to the police but this FIR may be closed with a c report in thy case
-        Withdrawal of FIR is not allowed as per law
-        Complainant’s name is not there in the FIR as a plaintiff so how can she/ he withdraw it
-        It’s a state case i.e., State versus Accused so only the state has rights to withdraw but since there is larger public interest involved hence even the state may not be legally allowed to withdraw FIR
5.     Can a police complaint be withdrawn?
-        Very easily by the complainant
-        Complainant needs to give in writing the reason for withdrawing
-        This withdrawal of police complaint is possible only before the FIR has been flied and NOT after the FIR is files
-        The procedure for withdrawal changes when the police complaint becomes a FIR
6.     What happens after FIR is quashed?
-        The case comes to end
-        The FIR or CS is no longer valid
-        The accused gets automatic bail
-        Regular bail is not required if the case in itself is quashed
7.     fir cancellation procedure in hindi
-        procedure begins from affidavit and compromise with the complainant
-        complainant may turn hostile
-        she may give in writing to close/ cancel the FIR
-        or the accused may file LTR if the complainant is not agreeing for cancellation of the FIR
-        cancellation procedure requires submission of LTR
8.     withdrawal of fir by complainant
-        not easy to withdraw the complaint by the complainant when FIR is already lodged and a number assigned to it u/s 155 crpc
-        crpc 156 proceedings needs to be followed and victim statement need to be recorded along with investigation
-        it is mandatory to investigate by the police if FIR has been cut
9.     fir time limit
-        FIR time limit is based on supreme court guidelines
-        Lalita kumara sought for mandatory 7 days time enquiry and this was increased to 15 days
10. fir closure report
-        police may close or cancel the FIR by filing closure report
-        closure report may be type of clean chit
-        closure report may also be of the type no evidences found
-        lack of evidences is major reason for closure of FIR

11. quashing of fir before chargesheet
-        FIR may be quashed before chargesheet by filing LTR
-        Evidences may be put on record and action may be taken based on accused evidences
-        Human rights protection means not allowing the case to move in trial when the case is not triable because trying a case in court when the case is not triable as per accused’s unrebuttable evidences is the ciolationm of the human rights of the accused
12. how to cancel fir online delhi
-        not that easy as it sounds
-        cancelling fir online means a tedious process
-        but cancellation of fir based on ltr may be comparatively easier meaningful and feasible
13. quashing of fir meaning
-        to close the case
-        to end the criminal case
14. procedure after fir is lodged
-        after fir the investigation is mandatory
-        even if there is settlement or compromise then also some investigation needs to be conducted and the police can not be a mute spectator


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.




3 comments:

  1. Parth USA - a Non Resident IndianFebruary 24, 2019 at 5:37 AM

    I wanted quashing of fir u/s 498a and this cancellation procedure was very costly as lakhs was the amount asked by my lawyer in Delhi.

    I then contacted atur chatur on email aturchatur@yahoo.com
    This guy suggested me to file a LTR for the cancellation of FIR u/s 498a

    I said no as I was not ready to pay any amount and I had no experience.
    But few months henceforth I met a boy in California and he tod me that he had taken help from aturchatur sir from India and he has been able to cancel the FIR against him.

    I was really happy to know the story of this NRI husband in USA who was not being deported from USA through Indian Immigration Department in the USA.

    Since now I have a testimonial in favor of atur chatur hence I may be using these guys for my cases also.

    Well said several men in favor of mencell.org and atur chatur guys that:-
    go boys go mencell.org
    go nri's go aturchatur

    ReplyDelete
  2. A Non Resident Indian (NRI) husband when trapped in a false 498a FIR looks for help seeking Quash Petition or Samples of a Quash Application u/s 482 Criminal Procedure Code.

    But, in order to have a better discussion on the dowry laws procedures and especially relating to closing of a false FIR under section 498a ipc FIR, then as per Atur Chatur, one may contact the NRI 498a Helpline in India for the NRI husbands.

    NRI QUASH
    http://www.nriquash.com

    The above website for NRI Quash relates to some steps which may be done by a NRI before he files a quash petition so that the chances of success of a Quash Petition are higher for the simple reason that a Quash u/s 482 crpc or a Bail or Anticipatory Bail u/s 438 or u/s 439 CrPC may comes with conditions such as:-
    - Travel Restrictions
    - Passport Impounding
    - Attending Court or Joining Police Investigation by personal visit to India despite the busy schedule of the Non Resident Indian husband who may be working in USA/ UK/ Dubai/ Australia/ NZ etc

    Hence, vis-a-vis a NRI Men Cell or a Helpline for the NRI's especially for the NRI husbands to counter false 498a, the help may be sought from:-
    http://www.nri498ahelpline.com

    Since a false FIR is a human rights issue for a NRI husband, hence, it may be utmost necessary to invoke the Human Rights of the Non Resident Indian husband living abroad so that the wife does not get blue corner notice or god forbid even a red corner notice issued against a NRI by contacting USA Immigration against the NRI husband using her false, wild/ bald and concocted stories.
    Therefore, Human Rights of a NRI may be invoked by understaindg some key human rights issues related to a NRI husband listed at:-
    http://www.humanrightsofnri.com

    if any help is needed then contact any time (24 hours):-
    http://freeconsultationonemail.aturchatur.com

    email:- aturchatur@yahoo.com

    or visit the website:-
    http://quashpetitionfir498adiscussiondowrylawhelplinenri.mancell.org/

    ReplyDelete
  3. atur chatur helpline for men in false 498a (9873540498) for NRI (Non Resident Indian) may help a NRI in knowing how to reduce alimony because the alimony or maintenance may be cut by invoking human rights and attacking legal extortion at the right point

    a LTR may be the right approach if the husband wishes to expose falsity of wife thereby reducing alimony or may be arriving at Zero Alimony for the wife based on LTR as per socialstigma.in

    In Delhi also such NRI from all over India may be able to get help from Atur Chatur by his able consultation

    so, go ahead and file LTR

    ReplyDelete

atur chatur on procedure for investigation after fir

ATUR CHATUR ON PROCEDURE FOR INVESTIGATION AFTER FIR (NRI 498A HELPLINE) vis-à-vis NRIQUASH.COM What Happens Once An FIR Has Been Registe...