- This topic has 30 replies, 22 voices, and was last updated 1 year, 3 months ago by
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UOn jan 22, I beat a guy in self defence and he had a wound (got 4 stiches) over his eyebrows.
He filed an FIR against me which is registered as it is showing online.
I have given the guy a fair settlement amount and we have made a bond which totally derails the things he has mentioned in FIR and i have got him and his witness to sign on it.
Now, the police (our case’s investigating officer) has assured me that he will take care of it and the bond is the only thing that is required to close this matter.
However, 2 lawyers have suggested quashing of FIR. Since i have given that guy a settlement amount, i am short on cash at the moment and can’t afford the quashing process at the moment.
What is the best thing to do at the moment?
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VThe police will do the same but if a lawyer is included then the prices will be lesser.
And as the FIR has been filed there is no way police can get it quashed in a short span of time. The best legal way to go for it is file a quashing petition and get it quashed through the high court. It will be quicker remedy. Otherwise the police will file a closure report and then the state will file an appeal and then again it will go to the high court. Which means tension of around 1.5-2 years and several installments to the police officer.
I am a lawyer and have seen many innocents struggling for years because they trusted the police officer more than a lawyer.
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SIf you both are in agreement and every single thing is covered in the legal document and verified by an advocate, then i think you should be fine. It may take some time but you should be safe. But yes, quashing FIR is safer.
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UThe things i have mentioned in the bond have been told by my lawyer only.
My concern is, will this matter get settled if the police does his job properly while filing chargesheet?
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SPolice will do their job it will help them to show this as a solved case in their area. They can only expect some money as this is common in India, other thing can happen is guy saying his sign to that was against his free will and was forced to do so, so he may ask more money.
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MYou cannot “take back a complaint”. An FIR is merely a report on behalf of the information and the offence, if any, is further investigated by the agency (police) and subsequently contested by the state.
The informant may depose that he doesn’t want to pursue the FIR and make a statement before the trial court, but that would require you to face trial and in conclusion you will be “acquitted”.
However, if you go the quashing route, the offence against you will be “quashed and set aside” at the stage of investigation/charges itself. That means no trial, no appeal and no way back as the process was stopped midway itself.
Hope, this helps.
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HIf the police has told you that he is closing the case, then you don’t have to do anything. He will file a closure report and that will be the end of it.
But if he files chargesheet, then the case will go to trial before magistrate court.
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CQuashing of FIR, only done by the hon. High Court by using its inherent power.
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Yes, if the ground for quashing is settlement then make sure the complainant says so in the High Court too. The High Court will ask him, while he is physically present there, despite notarized settlement agreement in stamp paper.
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Offense can also be compounded, if it’s your first offence and that the sections mentioned in FIR, is under the first schedule BNSS.
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Go for quashing. If it fails, then compounding. Don’t rely upon the police to file a closure report in your favour. -
FThere is no way FIR can be closed by the police. The trial court will take its own time even if both parties have settled the matter. Police may still file a chargesheet (unless they are bribed not to). This can easily take 2-3 years. During all this time if you renew your passport or apply for any visa you get forget getting it approved.
The quickest way to close the matter is to approach HC with a quashing petition. Let the original complainant give an affidavit that they no longer wish to pursue the matter. HC will quash the FIR basis this affidavit. It will be done in 2-3 hearings if the advocate is good. Police and public prosecutor will have to be managed.
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