Wrongly named innocent person in FIR

[Pranayowl682]

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Pranayowl682
PARTICIPANT
January 27, 2025 at 12:42 pm

Hi all,

We need some advice on how to resolve a misunderstanding where we wrongly named an innocent person (along with the real culprits) in a FIR.

1. Some miscreants edited and leaked explicit pics of my sister. They also sent the images to us for blackmail. They messaged us using anon Instagram accounts.
1. We tried to talk them out of it but they didn’t respond.
1. Since my sister was stressed, we were looking after he Insta account.
1. Around the same time, my sister’s old friend who had a new Instagram account also messaged her. We didn’t know it was a friend. We thought it was one of the miscreants. Some rude messages were exchanged and then that person (friend) stopped.
1. We filed an FIR against all the 4 anonymous Insta accounts.
1. The police got their real names from Meta company.
1. We also managed to get the names of the account owners from the cops. 2 people who had a quarrel with my sister and 1 old friend (that’s how we came to know about the friend’s new account).
1. The friend also got a call from the police and then called us to explain.

So now, we have a situation where we named an friendly innocent person (along with the real culprits) in the FIR.

How can we resolve the situation with minimum trouble to our friend? We don’t want the friend to go through the pain of the legal process.

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[User_0ded69cc]

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User_0ded69cc
PARTICIPANT
January 27, 2025 at 12:49 pm

You can file for quashing of FIR in the High Court. The High Court will quash the FIR after recording your statements.

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[Pranayowl682]

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Pranayowl682
OP
January 27, 2025 at 12:51 pm

No, we want to pursue the miscreants. They won’t stop easily.

We just want to remove my sister’s old friend from the process.

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[User_0ded69cc]

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User_0ded69cc
PARTICIPANT
January 27, 2025 at 12:53 pm

Yes brother only your friend’s name will be deleted from the FIR all other persons will remain in the FIR

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[Pranayowl682]

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Pranayowl682
OP
January 27, 2025 at 12:52 pm

Btw, in which state do you practice?

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[User_0ded69cc]

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User_0ded69cc
PARTICIPANT
January 27, 2025 at 12:54 pm

You can inbox me

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[User_318b33e1]

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User_318b33e1
PARTICIPANT
January 27, 2025 at 12:50 pm

Maybe just try asking police to cut the friendly’s name out of the FIR.

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[User_41767248]

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User_41767248
PARTICIPANT
January 27, 2025 at 5:01 pm

As far as I know, once FIR is entered cannot remove names from the FIR. Need to give letter to police retracting that particular persons name. Also during investigation when police ask for names, you should not mention that name. If police asks specifically (which they should since you omitted it) you must tell that was a mistake and you’ve already given letter retracting that name.

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[Megaanirudh4535]

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Megaanirudh4535
PARTICIPANT
January 27, 2025 at 1:06 pm

Just ask the investigation officer or give this in writing.
No need to go to court and spend money.
Also, when take statements from complainant just omit his name/account ID.

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[Pranayowl682]

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Pranayowl682
OP
January 27, 2025 at 1:21 pm

Got it

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[Samirguru216]

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Samirguru216
PARTICIPANT
January 27, 2025 at 2:26 pm

Quite simple. Once an FIR is filed, Police is supposed to conduct an investigation during which they will ask for the victim and family statements as well. You need not name the friend in your statements. Cops will drop that name while filing the charge-sheet.

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