Friday, February 22, 2019

SC Issues Guidelines On Quashing Of FIR/Criminal Proceedings On The Ground Of Settlement Between Parties

SC Issues Guidelines On Quashing Of FIR/Criminal Proceedings On The Ground Of Settlement Between Parties

SC Issues Guidelines On Quashing Of FIR/Criminal Proceedings On The Ground Of Settlement Between Parties

If the settlement is reached between the parties then there are set procedures and provisions of law to be kept in mind to file as per quashing of fir guidelines issued by Hon’b;e Supreme Court’s bench in the year 2017

1.     quashing of fir guidelines
-        grounds of settlement to be taken into consideration
-        compromise between varying couple vis-à-vis 498a compromise agreement or the MOU signed by both the parties with supporting affidavit need to be submitted at the high court
2.     SC Issues Guidelines On Quashing Of FIR/Criminal Proceedings On The Ground Of
Settlement Between Parties

-        Justices of the Supreme Court i.e., Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud passed judgment as per which appellant’s plea may be taken into consideration
-        Amicable settlement to be the biggest point of law
-        No new powers to high court given, only existing inherent powers of high court shall prevail
3.     Can session court quash FIR?
-        Session court can not quash as it does not have the power in respect thereof
-        Jurisdiction versus non jurisdiction based compounding of a criminal offence
-        Sec-320 governs the inherent powers of the high court
4.     What is quashing of case?
-        Even in non compoundable cases, the 482 crpc may be attracted if the parties have reached settlement
-        Ends of justice must have reached in that settlement and such compromise may not amongst criminals helping each other
5.     Can FIR be quashed before chargesheet?
-        Even after the CS the FIR may be quashed but this needs to prevent an abuse of the court
-        Offender and victim must have settled the dispute and this may be supported and presentation before magistrate or justice
-        Exhaustive elaboration of principles may not be possible and so these may depend upon case to case
6.     How can FIR be withdrawn?
-        No FIR may be withdrawn directly but c report is a route
-        Similarly, nature and gravity of offence need to be weighed by the judge before allowing quashing
-        Public interest in punishing serious offences may be analyzed and such cases may not allow plea bargaining
7.     quashing of fir on the basis of compromise
-        compromise allows the parties to reach the high court for quashing
-        affidavit by both parties and the compromise agreement needs to be put on record of high court
-        compromise deed certified copy may be taken by both parties to ensure other party does not deviate
8.     quashing of fir meaning
-        it means to close or cancel or end the proceedings
-        usually refers to closing/ quashing of FIR or Charge Sheet
-        in reality however, each order of a court can be challenged
9.     quashing of fir after chargesheet
-        after chargesheet quashing means to quash the chargesheet if charges not yet framed
-        if charges also framed then the quash means quashing of the charges framed by the court
-        charges are framed by the court and chargesheet is submitted by the police
-        section 482 criminal procedure code refers the procedure and powers of quashing
10. quashing of fir petition format
-        quashing fir petition format is not same for everyone
-        different facts and allegations require different language for quashing or challenging of each such falsity and wrongness
-        sample quash petition may be downloaded
11. quashing of fir before charge sheet
-        before charge sheet quashing means only quash of FIR
-        even if police submits the CS after filing of quash of FIR by the complainant then also the high court may proceed with quashing of FIR and CS may remain irrelevant in those cases
12. what are the conditions under which an fir can be quashed
-        fir may be quashed as per grounds
-        condition for quash may be vagueness
-        no prima facie case made out may be reason for quash
-        undated allegations in FIR/ CS may be reason for quashing

13. quashing of fir case laws
-        case laws for quash may suggest after thoughts and vagueness of FIR
-        if the investigation done is false then quash may be done as per case laws for quashing
14. quashing of fir under section 498a
-        u/s 498a ipc FIR if the undated allegations are not grave and dowry is not proved
-        if the prima facie no case is made out then also quashing of 498a may be allowed

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. Hi Friends, I was looking for some guidelines by Supreme Court of India especially for NRI husbands or NRI couple wherein a NRI's wife comes to India and files false 498a FIR against husband and the relatives of the NRI husband,

    This was really disturbing and I wanted to settle the matter by paying my life long earnings i.e., around 1 crore in my bank account.

    I happened to contact atur chatur sir.
    I found that:-
    I need NOT pay Rs. 1 Crore entirely and atur chatur suggested me to file several counters and few LTR's for each case filed by my wife,

    I followed the advises and kept paying to atur chatur one after another for several LTR's and as a result, the cases against me are nearly about to settle without me coming to India and without having to engage a power of attorney or an advocate or AOR for this MCD Mutually Consented Divorce

    My wife is ready to settle the matter with me for just Rs. 3 lakhs and 50,000 only.

    I have saved more than 90% of the amount that I was willing to pay and I have bought a big apartment here in USA from these saved funds.

    All thanks to atur chatur and guys from delhi because now my cases are settled and after reading the latest guidelines by the Supreme Court of India for quashing of 498a in India, I am really thankful and highly recommended this service for all men and nri men in India and abroad who are suffering from false 498a FIR

    This is just the right way to close or cancel false 498a and to compromise 498a
    All the best sir, and I feel like saying:-
    go boys, go
    go nri's go aturchatur

  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. 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)

  5. man helpline delhi (9873540498)

    if a NRI from Delhi is settled in USA and he wants to understand the deportation procedure then he may sit confident because the deportation of extradition of a husband or a NRI husband from USA to India even by intervention of immigration/ i.e., Indian Immigration in US is not that easy

    because this is not a case of financial fraud like mallaya modi etc and a mere matrimonial dispute does not attract deportation or extradition so easily if a LTR may be filed as per

    so, go ahead and file a LTR

    atur chatur 498a helpline for men (9873540498)

  6. 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)

  7. men cell delhi (9873540498)

    if a NRI arrested under false FIR having false domestic violence or dowry charges then the NRI needs to file LTR by showing his evidences and rebuttals to atur chatur so that only those or all those relevant proofs may be used or not used in a manner best conducive to uplift the case of the NRI before the bail authorities

    once the bail is obtained the next procedure for a NRI is to go for regularisation of bail from the court

    passport revoked or passport seizure if happened with the NBon Resident Indian husband then that needs to be taken back legally or technically and a LTR may be filed by the NRI husband

    how to fight false domestic violence case as per atur chatur (9873540498)

  8. 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


atur chatur on procedure for investigation after fir