Quashing of FIR under section 376/34 POCSO Act section 5 & 6

Quashing of FIR under section 376/34 POCSO Act section 5 & 6

How to Close FIR

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Quashing of FIR under section 376/34 POCSO Act section 5 & 6

You need to learn the techniques to withdraw, cancel or close the pocso FIR and if you want the quashing of fir pocso then evidences need to be supported like audio-video evidences preferably cctv recordings at the time of event.

1.     quashing of fir pocso

-        false pocso may put in jail within one hour of FIR

-        statement of complainant needs to be recorded

-        medical test of complainant may be done

-        quashing may be filed in absence of procedures and evidences/ tests or witness statement or at least in the absence of statement by the complainant

2.     Quashing of FIR under section 376/34 POCSO Act section 5 & 6

-        In POCSO burden of proof lies on the accused

-        Bail in POSCO is difficult

-        There is presumption of guilt in pocso act

-        Prima facie evidence may help him get bail from high court

-        Sessions court bail application may be tried

-        Separate warrant is not required in POCSO act

-        FIR is enough proof to arrest in pocso

3.     On what grounds FIR can be quashed?

-        Police can arrest for sake of investigation

-        Regular bail may be applied from sessions court

-        If medical of minor and investigation is done prior to arrest then that is a sufficient ground to quash pocso

4.     Can Pocso case be withdrawn?

-        Pocso can not be withdrawn

-        Complainant may turn hostile

-        Or minor may take name of instigator of falsde complaint

-        No action against minor

-        But the instigator may land in jail for perjury and malicious proceedings

5.     Can FIR be quashed after filing of chargesheet?

-        POCSO is strict law to check child abuse

-        After charge sheet is fiiled, quash may be applied based on lacunas in charge sheet

-        Law is no child’s play and the statement of minor is usually not relevant in common parlance but in case of POCSO it is assumed that no child will lie

-        If the lies of the minor may be proved then the POCSO proceedings may be quashed

6.     How long does it take to quash an FIR?

-        Bail or quash in pocso is not that easy

-        Non recording minor’s statement and non conducting of medical of the minor may help quash

-        Time line for quash may vary but this is time consuming as getting rid of pocso is not that easy

-        Medical u/s 164A need to prove the medical age of the minor because if he turns out to be a major as per the bone dentistry test or bone density test then the pocso may be quashed within least possible time so invoke u/s 164A to determine the lego-technical age of the minor to test his real minority status

7.     compromise in pocso cases

-        within 24 hours of application u/s 164A the test needs to be bought on record so this is the shortest way

-        compromise is not possible as the minor is not competent to enter into a valid/ legal contract or agreement as per law

-        hence compromise agreement with a minor is useless and not tenable in law

-        witness may agree to turn hostile which is a black hat technique to get rid of pocso

8.     compromise in pocso act

-        no compromise possible as the minor is not competent to enter into settlement or compromise of court cases etc

-        if rape is reported by the minor then u/s 164 crpc proceedings may be ordered

-        Judicial Magistrate may record the statement of the minor

9.     pocso case dismissed

-        delay in taking victim to magistrate to record his/ her statement (beyond 24 hours) requires a investigating officer to record the reasons for the same in diary

-        pocso may be dismissed if there are cctv evidences to prove the contrary

-        diary entry for delay in producing victim before magistrate needs to be submitted to the magistrate

10. pocso act compoundable

-        it is a serious act and is a compoundable act or non compundable

-        usually no one is allowed to meet the accused in jail so that the evidences may not be created falsely and the minor may not be threatened

-        tuition centres are more suscepticle to false pocso charges

-        brutally beating the accused without enquiry may be ground for quash

-        file LTR r/w pocso act as given below

11. quashing of fir under section 376 on the basis of compromise

-        376 is rape and minor and also major girls and even mentally unsound girl or someone on her behalf may file it

-        u/s 376 ipc is a crime punishable with upto 10 years imprisonment

-        court needs to send the accused in police remand and police can not keep in jail or lockup without nod of magistrate

12. pocso act quashing

-        u/s 164A crpc requires immediate medical examination of the minor and if IO has not done it then file for quash of pocso based on this

-        Arrested person have right to be medically examined (Sec 54,55A) so if the accused in pocso is beaten by the police then invoke the medical examination provisions to prove that he has not committed the crime charged with and also proof of physical torture

-        As per 55A crpc the IO having custody of the accused is duty bound to take care of the health and medical and welfare of the accused

13. can pocso case be withdrawn

-        custodial violence or torture or death or violence against the accused in custody is against law and also against human rights of the accused and this may attract contempt proceedings against the police officer involved

-        police protection for the accused may be requested from the learned court

-        pocso is a draconian law to prevent sexual abuse against children

-        find loopholes in investigation by the police in case of pocso which can not be withdrawn even by the complainant vis-à-vis c report

-        jail custody is different from police custody so under pocso one may ask for jail custody or judicial custody instead of police remand or police/ lockup based custody

14. quashing in 376 ipc

-        lacunas in charge sheet may be challenged

-        false and concocted charges may allow quashing

-        439 crpc may be used for regular bail before or after chargesheet i.e., at the stage of FIR and CS respectively

-        Conditions that come with bail may be restriction in travel or change of residence or bail cancellation or challenging by the state or PP or complainant or by all

-        Quashing u/s 376 needs to be based on evidences

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