Thursday, February 21, 2019

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

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

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     Can Pocso case be withdrawn?
-        Pocso can not be withdrawn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.


  1. A gang rape false complaint was filed by a minor girl of 17 years.
    The sections invoked were section 5 & 6 of the Prevention of Children from Sexual Offences Act
    and the 376 provisions were filed on all the 5 accused r/w section 34 of the Indian Penal Code.

    The accused came in contact of aturchatur sir from
    A LTR was filed for the cancellation of FIR u/s 376/34 ipc r/w the pocso act
    Quashing was NOT an option because the application u/s 482 crpc was already filed with no success and rather conditions were put on all the accused.

    Life was very difficult but after 25 days around, the LTR showed signs of working.
    Accused were called to court from police custody.
    Their statements were recorded u/s 313 crpc in front of the magistrate and they were released after the minor i.e., the major witness of the crime i.e., the complainant turning hostile.

    The instigators were booked under 340 crpc
    All thanks to atur chatur for his efforts to bring the accused to justics in this false pocso complaint.
    highjly recommended to the guys of delhi suffering from false 354 ipc, 498a ipc or pocso related false complaints.

    These guys are also good in handling false rape complaiant and false 376 ipc FIR's
    brilliant guys from delhi

    Chandra Prabhu
    Gujarat, a Non Resident Indian from USA

  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.


    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:-

    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:-

    if any help is needed then contact any time (24 hours):-


    or visit the website:-

  3. A Non Resident Indian (NRI) husband may start looking for best NRI Lawyer in Delhi when his wife goes to Crime Against Women Cell (CAW) in Delhi and she files multiple false cases against the Non Resident Indian Husband vis-a-vis false dowry claims.

    Instead of a best NRI Laqwyer in Delhi or a best NRI Dowry cases lawyer in Delhi or a best 498a counter cases Lawyer in Delhi or best advocate in Delhi, it is suggested to the NRI to get in touch with aturchatur and file a LTR as per the given link below:-

    Hence, when a Non Resident Indian's wife leaves USA and goes to India without his consent or avoids to come back to USA/ abroad with the NRI, then the NRI must immediately file a LTR instead of waiting for the wife to take a step ahead.

    Similarly, a LTR Fair and Unbiased Investigation and also a LTR Protection from False and Arbitrary Arrest and also a LTR Protection from False Cases, are the three major types of LTR which a NRI may file immediately when a wife goes to CAW or a FIR is lodged at PS.

    if any help is needed then contact any time (24 hours):-


    or visit the website:-

  4. Atur Chatur Sir from NRI 498A HELPLINE may suggest the Non Resident Indian (NRI) some fighting tactics to those NRI's whose wives have filed false 498a ipc FIR against them and such NRI husband may not have to come to India to fight or close a false 498a ipc FIR and any such false 498a and false divorce and false domestic violence complaint filed by wife in India need to be fought from abroad party in person without using the servivces of any advocate.

    Atur Chatur may suggest you the right legal procedure after FIR under section 498a of Indian Penal Code. This procedure under the legal or technical terms is called as fair and unbiased investigationbut if the FIR is false then the investigation is bound to be false else either the complainant or the enquiry officer may get in trap of the clutches of law for getting a false FIR registered hence also in cases where the false FIR is registered by complainant using M power by the complainant wife then she may again use the M power to bribe the investigation officer because the FIR is false and when a FIR is false then the procedure for investigation has to be biased otherwise a B Report may get presented instead of a Charge Sheet.

    Hence, the right legal procedure for investigation after FIR requires:-
    (b) Unbiased Investigation
    (c) Procedure to investigate each and every allegation
    (d) Procedure to issue CrPC 91 Notice to the complaint to submit proofs or evidences in support of her false, wild, bald allegations, after thoughts and concocted stories.

    In Delhi, there may be team working to help against false FIR in Delhi or to help against false CAW Cell Complaint by Wife in Delhi, who in order to harass their Non Resident Indian husbands from USA/ UK etc may try to extort money from them vis-a-vis Legal Extortion hence, the Delhi Men Rights Activists or Men Cell Delhi may be contacted at:-

    Therefore, it can be seen that after FIR, the procedure for investigation after FIR demans strict counter action against a false FIR complainant as and when it is established that the allegations are false i.e., without any legs to stand on.

    When Prima Facie no case is made out i.e., when the case is not maintainable under the eyes of law, then as per the right technical and legal procedure after FIR, the investigation officer needs to prepare counter Charge Sheet against the complainant wife who lodged false FIR against the NRI husband deliberately and wilfully.

    if any help is needed then contact any time (24 hours):-


    or visit the website:-

  5. man helpline delhi (9873540498)

    this helpline provides help Non Resident indians working abroad in fighting false 498a and false divorce and other cases filed by wife while the NRI is abroad and this helpline may help the husband fight or contest and close a false 498a or other false cases from abroad without coming to India and without even using any vakalatnama or an advocate / lawyer/ counsel/ solicitor etc

    atur chatur 498a helpline for men (9873540498)

    the helpline for nri husbands also suggest to fight these cases party in person

  6. man helpline in delhi (9873540498)

    quashing means to quash the basic FIR whereas the cancellation of FIR means that state filing a favorable report in favoir of accused and sometimes also as against the complainant and the two modes to achieve this goal is to g for b report or a c report vis-a-vis a final report i.e., FR of Truth

    atur chatur consultation on email (9873540498)

  7. men rights for nri (9873540498)

    if you want to cancel a fir from delhi police online portal then you may be at wrong place so far as the delhi police portal is concerned for the cancellation of the FIR

    but if you want to know the right legal procedure to cancel a FIR then you may be at a right place for the sole reason that a FIR is a public document which is placed in the public domain and therefore if you want to close a false FIR then you may need to file a LTR which may be done with the help or assistance of the delhi police or the opnline portal so check the details or procedure of a LTR at the or the link below.

    498a ipc by atur chatur (9873540498)

  8. men cell delhi (9873540498)

    by contacting any valid men cell in delhi or a legally authorized man cell in delhi, one may come to know that a 498a is applicable to foreigner also, if that marriage happened in India

    even through Priyanka Choprta and Nick Jonas marriage got happened in USA but still, this marriage was again taken place in India so evenb those marriages with a foreigner like Nick Jonas come under the purview of Indian Marriage and 498a is applicable with full force if such marriage with a Foreigner by an Indian Girl comes at a stand still

    So, why not file a LTR, in case a foreigner marries an Indian Girl in India because that marriage is then said to be Accure or Arisen out of Indian Soil.

    Similarly, a foreigner for his protection may never get his marriage registered in India so that the jurisdiction is never in hands of Indian Judicial System and in that way he may get out of the clutches of the biased laws or procedures in India

    atur chatur india (9873540498)

  9. man helpline in delhi (9873540498)

    if you want to know how to get bail under false 498a FIR
    or how to get the FIR quashed

    then go no further and read
    because this site explains the importance of quashing for a NRI and the propper procedure and pre-requisites before filing a quash u/s 482 crpc

    the LTR may be filed as a pre-requisite to a Quash so that the NRI husband does not have to go into the ordeal despite having tonnes of proofs against FIR

    atur chatur consultation on email (9873540498)

  10. 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

    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

  11. For getting Quash of 498a against a NRI husband he must visit:-

  12. My brother was in love with his tuition friend and as soon as her mother came to know she has filed false POCSO FIR against my brother who is a minor. He has been sent to Juvenile home or child home I don't know what they call it for children's prison. Please anyone help me get my brother out of this childrens jail as this complaint of POCSO as well as rape by my brother is false as he has himself told me that he has never made any physical relationship with this girl. And some lawyer has told me that my brother will be in jail for 10 years as Indian Penal Code Section 376 is for rape and rape is a serious crime in India especially against minors. Also can I register my complaint against that girls's family at purush aayog delhi or men cell in delhi
    address of men cell in delhi

  13. a false caw cell complaint by wife may be including section 376 complaint also against relatives of NRI husband so such false crime against woman cell complaint must be closed within caw cell itself so that the relatives of NRI should not be made to run pillar to post to defend them, and for this, quashing of FIR under 376 and pocso ACT is the wrong suggestion offered by the advocates to the NRI victim of false 498a and 376 rape etc. Therefore, it's better that, a false caw complaint by the wife is nullified and if the FIR is not registered then isn't it better than quashing of FIR under section 376 IPC or under sections 5 & 6 of the Prevention of Children from Sexual Offences Act, because such unethical wife may even use the child as a tool to harass her husband by filing false POCSO on behalf of innocent child tehreby separating the child from the father. NRI husband must close/ cancel the false caw cell complaint of wife before its too late and it must be done without any lawyer and without coming to India and without falling into immigration, red corner notice or look out circular or passport renewal troubles for a NRI in matrimonial disputes in India. get hep from aturchatur

  14. sec 376 ipc is attracted for rape and if this serious allegation is filed then it must be fought without any unethical advocate by contacting mens helpline in delhi as these rashtriya or bhartiya purush sansthans have knowledge and experience of closing false 498a and false caw cell complaint in delhi vis-a-vis nationa mens commission in delhi

  15. PART 1:-
    If wife is hell bent to leave the husband's home, and starts defaming husband in society, then watch the movie PROVOKED. In this movie, its shown that husband is abusive and wife makes plan to kill him. Similarly, though a husband should not kill his wife, but he should let his mind work. Husband should bring pani puri, samosa, burger, dosa, chowmien or anything which the wife eats and eat together with mouth fully shut, but a mild smile on the face, and after she eats with you, open your arms but do not utter any word at all. Let her come in your arms. Play with her hairs, her forehead nad after some time undress her. Do NOT rush for sex even if you feel the need to. Let her come on your top and play with her breasts as if you are the calf and she is cow/ Just play, play and foreplay. The act will happen automatically. Generate pani puri purchasing proofs by making payment through UPI PayTM Google Pay etc and click her secret happy moments with you as evidences and discuss with us. Generate evidences, Collect her past qualifications, admission ticktes, hall tickets, exam time photos, travel billls paid by you screenshots and send to mencell in delhi, purush aayog if you wish to know, "HOW TO MAKE YOUR WIFE FEEL LOVED AND STAY WITH YOU"

    Remember that Calf Cow act may result in enhancing her breast size. For this, you may even feed her white flour, sugar and junk foods if she loves it. Women may never care for her future cervical or obesity problems due to this. They live in today's world.

    If she has defamed you, and you do NOT want to live with her, then do this secretly and discuss evidences with us on our email.

    Divorcing a cruel wife needs to be done with chaaplucy coupled with duplimacy otherwise if you push her, throw her out of the house then, whatever she writes in plaint may be treated as true and you may land up in jail or you may lose your government job.
    Get help from atur chatur counselling at:-
    Our Website is:-
    Our Email is:-
    Our Phone Number is:-

    Book a Phone Consultation to save your marriage or to get divorce from your cruel wife. It's possible and less painful than going through courts kachehri, police thana, vakeel shakeel etc. Get help immediately before it's too late.
    If you are in Delhi then visit:-
    Delhi Men Cell

  16. PART 2:-
    Be Silent. Let your mind work. Discuss your evidences with us on our email id given below.

    You might be wondering about some of the queries such as:-
    How Can I Kick My Spouse Out of the House?
    Can a spouse be forced to leave home?
    How do I make my wife stay?
    What is walk away wife syndrome?
    Can I leave my wife without divorce?
    What happens when a spouse moves out?
    Who has to leave the house in a divorce?
    Why does a wife leave her husband?
    Does a husband have to support his wife during separation?
    What should you not do during separation?
    Is my wife going to leave me?
    How do I stop my partner from leaving?
    What do you do when your wife doesn't want you anymore?
    How do you tell if your wife wants to leave you?

    The answer to all your queries is :- MEN CELL | MAN CELL | PURUSH AAYOG by reserving your time with aturchatur for phone consultation.

    Sometimes back, a boy asked us,
    My wife threatens to leave me and go to her parents, what should I do?
    Similarly, a lot of husbands ask, my wife threatens to separate the child from the father and file false cases on the husband and extort money from the husband, like My wife has left home. What are my options?

    Therefore, a husband wanted to drop his wife back to her native, but he was concerned that the wife should not say that, she has been thrown out of the matrimonial home, and he asked, "How to Leave Your Wife"

    Similarly, one wife asked us in the reverse that, "Moving Out of the Marital Home - Do I Lose My Rights to It?"

    and she was worried about:- Marriage: your rights to your home - Rights of Women

    The bigger question still lies in whether:-
    should i leave my wife?
    how to stop my wife from leaving me
    wife went to her parents house
    i want to leave my wife but we have a child
    i want to leave my wife, but i still love her
    how to convince wife to save marriage
    my wife keeps leaving me
    wife wants to come back after leaving, what should i do?

    Similarly, a husband was hell bent and adamant to save his married life so he asked us:-
    How can I convince my wife to give me another chance?
    How can I change my wife's mind about divorce?
    How do I convince my wife to save a marriage letter?
    Can one spouse save a marriage?

    In such circumstances, atur chatur counselling is best advised to all of you guys because of the below reasons:-
    Is it ever too late to save a marriage?
    Should you fight for your marriage?
    What to say to save a marriage?
    Can a love letter save a marriage?
    How can I save my marriage letter?
    What happens if one spouse doesn't want a divorce?
    Why does my wife suddenly want a divorce?
    How do you fix a stubborn wife?
    Should I give my wife a second chance?
    Should you give your marriage another chance?
    How do you get a second chance in a relationship?

    sometimes, this may happen that the wife shows signs of changing her mind, from staying with you, to shifting or drifting towards leaving you and vice versa, you can change that. just do it, rather than asking questions like:-
    how to convince wife when she is angry
    signs wife is changing mind about divorce
    how to convince wife for second marriage
    make your wife miss you during separation
    what to say to your wife when she wants to leave you
    how to save a marriage when only one is trying
    my wife wants a divorce but i still love her
    how to win wife back before divorce

    Get help from atur chatur counselling at:-
    Our Website is:-
    Our Email is:-
    Our Phone Number is:-

    Book a Phone Consultation to save your marriage or to get divorce from your cruel wife. It's possible and less painful than going through courts kachehri, police thana, vakeel shakeel etc. Get help immediately before it's too late.
    If you are in Delhi then visit:-
    Delhi Men Cell

  17. I am a NRI based in Australia and my wife filed false crime against women cell complaint against me. I want to know the procedure after a false complaint in caw cell is lodged against a husband, so that being a Non Resident Indian husband I must know how to protect my Indian based father on whom she has filed false 376 ipc crime.


atur chatur on procedure for investigation after fir