Yato Dharmastato Jayah
- motto supreme court of India
- motto supreme court of India
Yato Dharmastato Jayah - motto supreme court of India
Vidya Devarajan
B.Sc., L.L.M, Master's in Cyber Law
Advocate at High Court of Madras
Trusted Legal Advisor in Thiruvanmiyur
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FIR
FAQ: FIR Filing
Can I file an FIR for a crime that happened a long time ago?
Yes, you can file an FIR for an old crime, but it may be subject to the limitation period defined by law. Some serious offenses, like murder, do not have a limitation period, while others may have a specified timeframe.
Can I file an FIR if I am not the victim of the crime?
Yes, any person who has knowledge of the commission of an offense can file an FIR, even if they are not the victim.
What should I do if the police do not act on my FIR?
If you file an FIR for a serious crime and notice no progress after a reasonable time, you can file a petition in court to compel the police to take action.
What if the police refuse to file my FIR?
If the police refuse to register an FIR, you can approach the magistrate to seek redressal. It is your right to have your complaint recorded.
Can I withdraw an FIR if I reconcile with the person I accused?
Yes, you can withdraw an FIR if you reconcile with the person you accused.
What happens after I file an FIR?
Once an FIR is filed, the police are required to investigate the matter, collect evidence, and determine whether to file a charge sheet. The FIR also serves as the basis for any further legal proceedings.
FAQ: FIR Quash
When can my FIR be quashed?
If you are falsely accused of an offense and a FIR is lodged against you. However, during the investigation, it is revealed that there was no fraudulent intention, and the matter was a simple dispute. In such a case, you can approach the High Court to quash the FIR, as it was based on a misunderstanding and not a criminal act.
How long does it take to quash an FIR?
The time taken to quash an FIR depends on various factors, including the complexity of the case, the court’s schedule, and whether the complainant agrees to quashing the FIR. It may take a few weeks to several months, depending on these factors.
Can the police continue investigating after an FIR is quashed?
Once an FIR is quashed by the High Court, the police cannot continue investigating the case related to that FIR. The quashing order effectively closes the matter from a legal standpoint.
Is there a time limit for filing a quash petition in the High Court?
There is no strict time limit for filing a quash petition in the High Court. However, it is advisable to file the petition as soon as possible, especially if you believe the FIR is unjustified, to prevent unnecessary legal complications or police action.
If the FIR is falsely filed as a criminal case for a civil dispute, can the FIR be quashed?
Yes, if an FIR is falsely filed as a criminal case for what is essentially a civil dispute, the High Court can quash the FIR. Civil disputes, such as property disagreements or contract breaches, should be handled under civil law. If an FIR is filed in such cases to exert pressure or harass the person, the court can intervene and quash the FIR after reviewing the facts.
Can a court refuse to quash an FIR even if both parties agree to settle?
Yes, a court can refuse to quash an FIR even if both parties agree to settle, especially if the offense is non-compoundable, meaning it cannot be legally settled between the parties (e.g., crimes involving public harm such as assault, criminal breach of trust, or corruption). The court will ensure that the settlement is fair and just before deciding.
** the answers provide above are generic questions we've received from our clients. We advise you to contact an advocate and get a legal advice for your situation before proceeding with any further actions.
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