Legal Advice

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

Query

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.

Advice

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

High Court Lucknow

Criminal Law

Ask Your Question

Latest Advice

Builder not providing parking spot as per the approved plan

,

Of the total parking slots allotted, two flats, 1503 and (705-6) are allotted spots on ‘humanitarian grounds.’ These two homes pay INR 2500+ per month for parking. Nominal parking rates in the building are Rs 200 per month. These houses with nominal parking rates have bought/included a parking spot as part of their main agreement itself. Currently no parking in the building is under stilt or in the garage. All cars are parked in the open and have no assigned/designated spots. In 2017, a SGM resolution was passed to take parking charges from flat 1503 (mine) as part of monthly maintenance. However, since Jan 2023, I have been asked to pay these charges in advance. Parking charges have been paid up to September 2023 in two instalments. Both the above instalments have been paid under ‘delayed circumstance’ due to the ongoing discussions to add, A total of 45 parking spots have been approved by BMC K-Ward and 1 each has been made available to tenants/members in houses with carpet area above 70 M.sq. One of the two houses is mine, aka 1503. (can share the exhibit if needed) My question therefore is:
1. Can the builder and later the society make allocations against the BMC’s approved list? 2. If yes, can I as owner and member of flat 1503 – question the MC/society and get my parking spot back? 3. Can the MC charge different rates for parking spots, those given via agreement and to those on ‘humanitarian grounds’? How do I fight this and what precedences and legal recourse do I have? Details: I am the house owner. The house is in Andheri, Mumbai, Maharashtra The building has two banks – which have been allocated 10 instead of 7 spots as per BMC approved list (can share if needed).

Labours are frequently entering our premises without permission

My neighbor’s plot is under construction, and the contractor and labours are frequently entering our premises without permission. They have also failed to clean up the construction materials and waste from our property. When I asked them to address this issue, the owner of the property used abusive language towards me and my family. Do you have any advice on how to handle this situation?

Can I seek quashing of FIR on expiry of limitation period?

FIR was charged against me on 02/05/2019. I was called to the police station on 02/12/2019 and was released on station bail. They have charged IPC 354 D (stalking through email). But after which no response was there. Recently I got a govt job and when applied for a police clearance certificate I came to know the FIR is pending. The police have not filed charge sheet till date to my knowledge. Can I quash the FIR based on expiry of limitation period.

My boyfriend raped me in the influence of narcotics drugs

Boyfriend had raped me after I said no to sex. I live in xxxxx, I was visiting my boyfriend and stayed at his flat at that time in xxx. We have been in a relationship of 1 year.  We’ve had a physical relationship where we had consensual sex whenever we met. He had been under the influence of Marijuana (and I don’t know what else) when he didn’t respect my no and raped me last week. This has happened once before with him (also when he was on the same drugs, some months ago) but he promised that it won’t happen again. He is a drug addict and takes it 2-3 times a week, at least for the last 5 years. What charges can I press on him?

What actions should you take against an attempt to murder?

My neighbour has attempted to murder in a land dispute. He along with others came to my house with firearms and started shouting, abusing and hitting my gate. When I came out to stop them from doing such a violence, they broke out and beat me with a club and sharp edge gandasa. I suffered some minor injuries on my arm, back and thigh. One injury on my head is severe. That is life threatening so I want to take proper legal action against them. Please suggest what actions I should take against them for an attempt to murder?

India: The Emerging Hub of Cyberstalking

,

Introduction: The digital age, while bringing numerous benefits, has also opened the doors to new forms of crime. With its massive internet user base, India is grappling with the dark side of the digital revolution: cyberstalking. While the country prides itself on...