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Fresh criminal case (FIR) after compromise: What to do?

Shivendra Pratap Singh

Advocate (Lucknow)

Online advising since Oct. 2014

Criminal Law

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Question: False, Fabricated Criminal Case (FIR) had been filed during 2016 by the petitioner without enclosing documentary evidence against me in the matrimonial case in Manipur U/S 156(3) which had been settled/Compromised  at Haryana during 2015. She has filed a fresh criminal case (FIR) after compromise: What to do?

Filing of fresh case after compromise and violation in the terms & conditions by the petitioner. CJM & Police administration are in favour of the petitioner. Main motive to file a fresh criminal case is to recover the alimony amount paid during settlement, through administration / Magistrate/Police. 

Even the High Court of Manipur had closed our petition for quashing as infructuous. In association with CJM & Police charge sheet was filed without having any documentary evidences in order to retaliate, harass, torture & ruin life of all the respondents in the FIR. 

The investigating officer in the case had prepared a charge sheet under the pressure of the CJM. What remedies are left to respondents? Can the police file a charge sheet without having documentary evidence? The petitioner had narrated a story where several incidents took place but had not lodged any complaint in his nearest police station regarding the incidents. 

The I.O. & CJM had not conducted a fair investigation of the complaint submitted by the petitioner. under circumstances what can the respondent do? Since 2015 respondents are moving from pillar to post.

Asked from: Haryana

If the facts of a fresh criminal case are the same as the FIR filed in 2016 then you should approach the High Court for quashing the current FIR. A victim cannot file a fresh first information report in respect of the same facts and incident. The High Court may quash the second FIR on this ground only. 

Move a petition for quashing of FIR

In Babubhai vs. State of Gujarat and others (2010) 12 SCC 254 the Supreme Court has held that if the facts and incidence of second FIR is the same the subsequent FIR liable to be quashed

You should move a petition in the High Court under Section 482 of the code of criminal procedure. The subsequent FIR is indeed the abuse of process of the court which has been initiated for harassing you. 

In the State of Haryana vs Bhajan Lal [1992 Supp (1) SCC 335] the Supreme Court has held that it is the responsibility of the High Court to quash the criminal proceeding which is an abuse of process of the court. 

Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.

State of Haryana vs Bhajan Lal [1992 Supp (1) SCC 335]

No need to run from pillar to post in such a false and fabricated FIR. You should contact a good lawyer and move a petition under Section 482 crpc. The compromise deed and quashing order of the High Court are important evidence. She cannot file another FIR after the compromise deed.

You should adduce both evidence along with the petition. In that petition you should also take plea that when the alternative remedy is available for recovery of arrear of alimony no need to file an FIR.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

Consult on Criminal, Civil, Writ, Matrimonial, Service matters, Property, Revenue, SARFAESI related cases

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