What is procedure for quashing of FIR when compromise is done
Email:- aturchatur@yahoo.com
What is procedure for quashing of FIR when compromise is done
There must be a right way for quashing of fir after compromise so that the complaint can not be reopened hence the filing of affidavit is mandatory in certain cases as follows:-
1. quashing of fir after compromise
- F.I.R.lodged under the order of Court passed against Application 156(3)
- The Police filed the Chargsheet against husband
- late submission of charge sheet under Section 468 CR.P.C
- The compromise on the date of alleged incident u/s 498a
2. What is procedure for quashing of FIR when compromise is done
- police has to register FIR if the court prders so u/s 156(3)crpc
- police report under Sec 173(2) of CRPC cannot be biased
- court can take cognizance even if charge sheet is time barred under section 473 of CRPC
- Quashing of the FIR in the High Court only u/s 482 crpc is done
3. What is quashing of case?
- the police can file a closure report if the investigation does not reveals any evidences
- Chief Justice of India Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud passed the judgment
- ground of amicable settlement of the dispute with the complainant is a ground valid in quashing u/s 482 crpc
- but if the case involves extortion, forgery and conspiracy then it cannot be quashed in the larger public interest even after settlement
4. Can FIR be quashed after chargesheet?
- jurisdiction issue is not that important for the purpose of compounding an offence
- compunded is governed by the provisions of Section 320 crpc
- quashing of even non-compoundable offence may be done
- ends of justice must meet in that qushing only then the quash u/s 482 may be allowed
5. What happens after FIR is quashed?
- preventing abuse of the process needs to be duly weighed upon before passing quashment judgment
- nature and gravity of the offence need to be weighed
- Heinous and serious offences such as murder, rape and dacoity etc cannot be quashed through settlement
- larger public interest is important
- Criminal cases involving offences which arise from commercial, financial, mercantile, partnership or similar transactions with an essentially civil flavour may fall for quashing but not the criminal proceeding
6. How can FIR be withdrawn?
- Economic offences of financial and economic well being of state lie beyond the domain of a mere dispute between private disputants as the state is involved i.e., public interest then how can these be settled
- do not quiash financial or economic fraud or misdemeanor basedon settlement between the parties
- Charge sheet not produced even after 1–2 years of the fir being registered is a good ground of quashment of fir
- if this fir was a counter fir then this can be quashed
- Accused and complainant want to settle i.e., compromise false 498a FIR but offences are non compoundable and therefore the police refuses to do the same as the police doesnot have the authority for the same
7. quashing of fir on the basis of compromise format
- so question arises When can an FIR be quashed and on what grounds?
- What are the documents required for quashing FIR?
- What is the difference between the quashing of an FIR and a stay on an FIR?
- What actually means FIR quash under 482 of CrPc of a NRI trapped in false 498a
- File Quash Petition in respective High Court of the State judicature u/s 482 of the code
8. quashing of fir after chargesheet
- prove that prima facie no case is made out even if taken at face value
- allegations are wild and false
- accused was not present there so almost no possibility / bleak possibility for the accused committing the crime
- preventing abuse of court’s process i.e. settle personal scores via filing false cases which is perjury or simply case filed for legal extortion by disgruntled wife
- Grave injustice being done to the accused
9. grounds for quashing of fir
- What is a procedure of filling an FIR?
- The correct procedure for filing the FIR or First Information Report isfull knowledge of the commission of an cognizable offence
- report to the SHO / Insp at the Police station and get diary number/ diary entry number and then shoot a RTI to check the status of this complaint and on record reasons for the delay in recording the FIR
- signing the FIR after its typed in PS and read over to the complainant
10. what are the conditions under which an fir can be quashed
- get a copy of FIR free of cost
- FIR can be quashed by High Court in accordance with section 482 CrPC so follow the procedures as per the quash petition sample format
- file application to quash the FIR
- grounds on which FIR should be quashed
11. quashing of fir before charge sheet
- The grounds under which quashing can be done in the landmark judgement of State of Haryana vs Bhajan Lal may be read carefully
- Can police close FIR?
- What is the procedure for quashing a warrant?
- Will false fir finish my career?
12. quashing of fir under section 376 on the basis of compromise
- What is law on second FIR?
- Difference between FIR and Charge sheet?
- What is difference between FIR and complaint?
- What is the procedure of FIR?
13. quashing of fir under section 498a
- How can a FIR ruin somebody's career?
- What is zero FIR?
- What is the procedure to register FIR with ACB?
- Can NC converts in FIR?
14. quashing after framing of charges
- What is the procedure of quashing of false FIR filed against me if it has not been quashed in High Court?
- How is the alteration of FIR?
- What is the utility of FIR?
- What is the reaction against bogus FIR?
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.
Everybody told me that procedure of quashing is easy and my lawyers convinced me and I paid lakhs of rupees just for quashing.
ReplyDeleteI was wrong and due to which my NRI status got into jeopardy.
I was restrained to leave India and my passport was taken by high court.
My bail was rejected too.
I then visited nriquash.com and found that exactly all those wrongs had happened to me which were already mentioned there.
Without repenting further, I contacted atur chatur on referral from mencell.org
My decision was good as my those documents which were not being considered and which were not being taken into record were now considered and my evidences forced the police/ state to close the false case when I filed a further LTR to press my documentary evidences.
This is a greats service started by atur chatur sir.
I am now in USA again and my passport impounded was taken back by me.
It's all about corruption friends. Even the judiciary have people who may be corrupt so you need to go and file LTR to close / cancel the FIR against you and the NON Resident Indian Husbands may get the maximum benefit from these LTR for NRI
Thanks and I feel like saying that:-
go boys, go mencell.org
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.
ReplyDeleteBut, 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/
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.
ReplyDeleteAtur 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:-
(a) FAIR INVESTIGATION
(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:-
http://mencelldelhi.mencell.org
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):-
http://freeconsultationonemail.aturchatur.com
email:- aturchatur@yahoo.com
or visit the website:-
http://nrifightingdivorce498afromabroadwithoutcomingindia.mancell.org/2019/02/atur-chatur-on-procedure-for.html
man cell delhi (9873540498)
ReplyDeletehttps://mancelldelhi.wordpress.com/
supreme court of india has issued guidelines on quashing due to the reason that the state usually holds the FIR and as soon as the husband files for quashing then the state/ police i.e., the investigating officer presents a charge sheet which is technically invalid because where was the IO sleeping so long, hence the SC has issued guidelines that even if the CS has been filed after quash petition u/s 482 crpc is filed by husband or co-accused in a 498a matter, or any other matter then, even then the HC or SC may listen to the FIR quashing so this is not an excuse that a CS hjas been filed and the FIR may NOT be quashed but even better would be an approach wherein the husband files a LTR as per the link socialstigma.in before filing for quash u/s 482 crpc
atur chatur (9873540498)
https://bewareofdivorceyers.tumblr.com/
men cell in delhi (9873540498)
ReplyDeletehttp://www.cityclassified.co.in/man-help-delhi-or-men-cell-in-delhi-ph-9873540498-suggests-man-cell-india-helpline/
there is no tme limit to file a FIR but if there is a LIAR then 24 hours is the time as per rule i.e., a crime must be reported immediately or within a maximum period of 24 hours
else the reason for delay of reporting a crime in delhi needs to be explained and a IO may not be a mute spectator and he is duty bound to do fair investigation of a FIR in Delhi so that the accused if innocent does not have to go into the hardships of mental trauma due to false 498a or other false FIR filed by disgruntled wife or some other disgruntled women
atur chatur helpline on internet and email for nri's (9873540498)
http://www.aturchatur.net/
men rights for nri (9873540498)
ReplyDeletehttp://www.menrightsfornri.com
legal procedure to cancel a registered FIR may be read at the below link i.e., 498a ipc by atur chatur
but so far as the legal proceudre after FIR is concerned this procedure is very very simple i.s., to visit the place of crime and to do investigation because if the investigation is done following the right legal procedure then the cancellation of fir may be known
and the right legal procedure for the cancellation of fir means to ask legally or technically the police to do fair and unbiased investgation and to do investigation as per the documentary evidences of the husband and thereby to prepare a B Report removing names of all the accused
498a ipc by atur chatur (9873540498)
https://howtocancelfir.aturchatur.com/2019/03/498a-ipc-by-atur-chatur.html
man cell delhi (9873540498)
ReplyDeletehttps://bit.ly/2JRMn6q
in order to remove a red corner notice against a NRI by visiting men cell in delhi, it may be even better if the consultation by atur chatur on phone may be taken
because during 498a consultation by atur chatur on phone consultation, the NRI may be able to clear a lot of doubts and thereby 498a consultation or at least a false domestic violence consultation with atur chatur by a NRI husband may be the right procedure or the right approach at this point of time
consultation by atur chatur on phone (9873540498)
http://www.aturchatur.com/2015/05/atur-chatur-counselling.html
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
ReplyDeletea 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