- This topic has 14 replies, 6 voices, and was last updated 1 year, 2 months ago by
.
-
Posts
-
-
PHey everyone,
Around a month before my friend and his sister recently went to police station and raised a complaint as her colleague has been harassing and verbally abusing her.
FIR is raised 78,351(2)BNS
After that they want to compromise on this issue because that guy(accused) is apologetic and said that he did like that because he has no idea on consequences of his behaviour. Now he’s really scared about the consequences and his job and parents situation and my friend’s sister believes he won’t repeat the same and doesn’t want to escalate the situation.
It’s been little less than a month they file that FIR and when she called the police, he said they’ve already submitted to the court.
Can anyone please give me some pointers of guidance and advice on what are the next steps that we can take to cancel/withdraw that FIR?
We really don’t have any legal knowledge.
Thanks in advance.
-
STell your friend to not cancel the FIR unless the police also say that. Let police harass the guy and even harass him for money.
-
PTold them not to cancel. But she believes he’s truly sorry and won’t repeat. Also his job and financial situation are a little bit concerning her. They are colleagues.
-
-
-
DBetter to let him hang dry. People should be taught that there are consequences for actions.
To answer your question, if an FIR is sent to court, it can ne quashed by the honourable high court.
-
PThanks for that point.
If they want any compromise, and she voluntarily feels safe that he won’t repeat his actions, can they put any application for the withdrawal(or quash?) before the local judge? -
-
-
DHi. I’m a lawyer here. The FIR can only be quashed by filing a quashing petition before the Hon’ble High court, that has the power to quash it, mostly in compoundable offences (offences that can be compounded on the basis of a settlement between the parties).
-
-
-
PDoes he require to consult an advocate to quash it or is it like for him to just file an application or something.
Could be dumb question.
TIA. -
-
-
-
-
-
GThere is nothing good than repentance,I believe.
78 bns deals with stalking and is a non compoundable offence.
The other 351(2) bns is regarding criminal intimidation, which is compoundable.
Unfortunately, you can’t compound the FIR now as it involves 78 bns.
The option is to go to high court to quash,as earlier said by some persons in comments
Or wait till the case comes to court and the complainant turns h*s*i*e ,so that the case is lost and he gets acquitted. -
-
