yes , you can approach the High Court for quashing the FIR
- Further, you can also get an order from the Court for for issuing you a police clearance certificate for joining the job.
Can the case be dismissed
FIR was charged against me on 4-10-2017 (FIR No 1638/17 ) . I was called to the police station on 16.10.2017 and was released on station bail. They have charged IPC 354 D. 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 has not filed charge sheet till date to my knowledge . Can I quash the FIR based on expiry of limitation period.
Asked 2 years ago in Criminal Law
Religion: Hindu
7 Answers
Yes you can file quashing in high court
Once FIR is filed and accused is out on bail, there is no limitation applicable for filing charge sheet. You can seek to quash the FIR on merit but non the ground of limitation.
As the police has not pursued the case and have not filed charge sheet yet despite passing of 5 years from the date of FIR , you can file a petition under section 482 cr.p.c. before high court to quash the FIr for the said reasons besides other merits in the case.
File petition in HC for quashing of FIR as more than 5 years have passed and till date charge sheet has not been filed
Dear client, you can do thqt.
Yes. Failure of police to file chargesheet even after inordinate delay of so many years is a valid ground for quashing of FIR in High Court.
