What is procedure for quashing of FIR when compromise is done

What is procedure for quashing of FIR when compromise is done

How to Close FIR

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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.

Email:- aturchatur@yahoo.com