How To Quash A False FIR?

The cases of false FIR are rising day by day. There are many women-centric laws which favour women. These laws are made for the benefit of women but these laws are the most vulnerable in the cases of false FIR. Recently, we are coming across many news where the woman has filed false dowry cases, domestic violence cases or rape cases. In these types of cases, the statement of women is of great importance. Many women use these provisions for their selfish motives. Sometimes, the motive is to take revenge or to take money from the other person.

Although the cases of false FIRs are rising, there are multiple remedies available under the law against these false FIRs. Let's discuss these remedies.

Remedies against false FIR

  • As soon as the person knows the false FIR, he should approach the High Court or the Sessions Court for anticipatory bail. This bail converted the non–bailable offence into a bailable offence. The person can get bail after being arrested by giving the bail amount to the police officer.
  • If the arrest has been made, the victim can apply for quashing of FIR under section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, The procedure for quashing the FIR will be discussed later in this. There are certain grounds for quashing the FIR. These are:
    • The victim can file a petition for quashing the FIR before filing of Chargesheet if the FIR is against the principle of natural justice which could cause the wrongful conviction of the victim.
    • If the Chargesheet has been filed but the trial has not commenced then the victim can apply for discharge application on the grounds of lack of prima facie evidence, inadmissibility of evidence etc.
    • If the sessions judge rejects the discharge application after the commencement of trial then an application can be made for acquittal of the accused person.
    • The victim can approach the High Court on the ground that the act based on which the FIR has been filed does not constitute an offence.
    • The ground can be that the offence has never happened.
    • The victim can plead that the FIR contains a baseless allegation without any reasonable ground.
  • The victim can also file a writ petition against the false FIR in the High Court under Article 226 of the Indian Constitution. The High Court has the power to quash the FIR under this as well.
  • The victim can even file a defamation suit against the accused. The False FIR demean the reputation of the victim in the eyes of others for which the accused should be punished.
How To Quash A False FIR

How to quash false FIR case

As we have already discussed the grounds on which the false FIR can be rejected, now let us discuss the procedure on how to quash the false FIR. The steps are:

  • The first thing is to collect all the necessary documents and evidence which support your innocence. The proof can be the plea of alibi, or statement of any witnesses, which corroborate your innocence. It can be any documentary evidence like medical records, which prove the mala fide intentions of the complainant.
  • Contact the advocate who can defend you in court. It is important to discuss your case with an advocate. He knows all the lacunae of law.
  • After discussing your case with an advocate, draft the petition stating the quashing the grounds of FIR. The grounds can consist of lack of evidence, mala fide intentions etc. You can even provide supporting evidence and the case law to make your case strong. You can even seek for direction from the police to cease the investigation and close the case.
  • File the petition in the High Court for quashing of false FIR under section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which is the inherent power of the High Court. Support your petition with the supporting documents and affidavits. You need to even pay the court fees along with the petition.
  • The court will fix the date of the hearing and on that date, the court will hear the arguments of both sides. The court may even examine the FIR, case diary and other relevant documents.
  • The court after analyzing your case may quash the FIR entirely. The court may also issue other orders to ensure justice. In case your petition is dismissed, you can apply for anticipatory bail or regular bail.

In the case of Harbhajan Singh Bajwa vs. Senior Superintendent of Police, Patiala & Anr., 2000, the court held that when any information has been given to authorities and the authorities found that accusations, which were made in a complaint, are false, then authorities have to initiate action under section 182 Indian Penal Code.  In case where the authority found after investigation that the accusation is false then they can initiate a proceeding immediately.

For any legal help, contact Lead India. We offer free legal advice as well as other legal services. On our platform, you can talk to lawyers. You can freely ask any legal question. We provide the solutions to your legal problems.

Read Also:

Marriage Procedure In Tripura

Location: Kanchanjunga Building, Kanchanjunga Building, Barakhamba Rd, Fire Brigade Lane, Barakhamba, New Delhi, Delhi 110001, India

Comments

New comments are not allowed.

Popular posts from this blog

Marriage Procedure in Manipur

Image
There are two types of marriages in India. The one which is done in the traditional way. In this, all the traditions of a family related to marriage are performed. Traditions like haldi, mehndi, sagai, shadi etc. The other type of marriage is court marriage. In this, the parties need to go to the marriage registrar with some witnesses and sign the document of marriage registration. After this, their witnesses also need to sign it and the marriage is called to be solemnized. Court marriages are preferred by those couples who want their marriage to be hassle-free and within a short time period. The other couple who want court marriage are those whose parents are not ready for their marriage. The court marriages are performed under the Special Marriage Act generally. How marriage is performed in Manipur Hejiapot: The groom’s family brings gifts and food for the bride’s house in the official engagement. They also bring rings for both sides. In this ceremony, only the elders of the family t...
Read more

WHAT IS RERA ACT

Image
  The Real Estate Regulation and Development Act of the year 2016 gave rise to the Real Estate Regulatory Authority, which was established and initiated to safeguard and protect the homebuyers as well as encourage the investments in connection with real estate investments. On 10 th March, 2016, the Rajya Sabha, the Upper House, passed this particular bill, which became the Parliament of India Act. The particular Act came into force on 1 st May, 2016.  RERA Act: Objectives Protection of the Consumer: By guaranteeing and ensuring the procedures equitably, disseminating information within time frame, as well as mediating and resolving conflicts and disputes between purchasers as well as the developers, the RERA Act aims to protect and safeguard the interests of the homebuyers. Procedure with Transparency: By asking for the developers to disclose all the specifics of the project, such as the timetables of the project, legal approvals, as well as any financial information, it see...
Read more

How Much Amount Of Money Awarded In Cases Of Illegal Termination

Image
An illegal termination claim is a legal action taken by an individual who feels they were wrongfully or unlawfully terminated from their employment. Claims of wrongful termination related to claims of breaches of labour regulations, such as collective bargaining rules or whistleblower laws, oral and written employment agreements or contracts, or federal or state anti-discrimination statutes. Depending on the facts of the case and the jurisdiction where it is decided, an employee who has been unlawfully fired may be entitled to a variety of compensation. When an employee is let go in defiance of public policy, contractual obligations, or employment rules, it is commonly referred to as a "wrongful termination ." There are many labour laws which governed illegal termination, primarily Industrial Disputes Act, 1947 deals with it. WHAT IS ILLEGAL TERMINATION? An act of wrongful or illegal termination occurs when an employer fires, dismisses, or eliminates an employee without givin...
Read more