File petition for quashing of FIR in HC as it is a civil dispute
take the plea that petition is pending in Punjab and Haryana HC regarding threats received from complainant and counter case has been filed to harass you
I am confused between civil and criminal
Dear sir / mam we are an machine manufacturer , we received order from a client in up , though it was hand written no po was issued , total deal was of 11 lakhs , he gave us 6.5 lakhs advance out of which we have supplied a machine worth 1,18,000 to him another machine was need to be supplied but then he started asking for credit begging us to release remaining machine on pds after tussle for couple of months we canceled his order and conveyed him that we have already invested in the order so we shall be disbursing his balance payment in three to four installments , after that he started threatening us with derogatory remarks for which we have complained to local police station and no action was taken , so we have approached high court of chnadigarh even we informed cp as well , now matter is pending in high courts of Haryana Chandigarh, since December 2022, as the police is blindly supporting the client being active in politics , but the matter is pending in Haryana high court, now on march 16 he filed an fir against me under section 406, , please advice how can he fir registered when its an civil matter, we have supplied him machine first part, also we are ready to pay installments which we have conveyed to high court as well, please advise what to do, should I file an fir quash application in Allahabad high court as its fir is registered in up matter , but matter is pending in harayan high court , even earlier this client tried to fabricate me in false case , for which we have informed cp and concerned sp in his area and mailed our statement , now again some how with the help of police he is able to file fir against me , I told the cop that its an civil matter but again and again this cop is asking me to come down to uttartpradesh
Asked 1 year ago in Criminal Law
Religion: Hindu
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
9 Answers
If the complaint is registered in UP, then you may ahve to approach high court at UP only for quash, but before that you may wait for the police to file the final report./charge sheet before trial court so that you can approach high court with a quash petition to quash charge sheet on merit and documentary evidences in your support.
The complaint he made against yo is for breach of trust and not the matter pertaining to civil issue/subject.
He has not filed a complaint for recovery of his money or for specific performance of contract.
However you can produce evidence to high court to prove that you were ready and willing to return his amount after deducting the amount for the goods already supplied.
It is not known what case you have filed before high court of Punjab and Haryana, but you should understand that it is a separate case different to that of the case he has filed against you.
Dear client,
I'm sorry to hear about the legal troubles you are facing with your client. It can be challenging to navigate the legal system when dealing with such situations. Here are some general pieces of advice that may help:
Consult with a lawyer: It's essential to have legal representation when dealing with legal matters. A lawyer can help you understand the legal implications of the FIR filed against you, and they can provide you with advice on how to proceed.
Respond to the FIR: You must respond to the FIR filed against you. You can either do this by appearing before the police station where the FIR was registered or by filing a quashing petition in the Allahabad High Court.
Provide evidence: You should gather all relevant evidence that supports your claim that this is a civil matter and not a criminal one. This could include any communication between you and the client, invoices, receipts, and any other relevant documentation.
Be proactive: If you have already informed the CP and the concerned SP in the client's area, you should continue to be proactive in providing them with information that supports your position. You should also continue to follow up with them to ensure that they are taking appropriate action.
Be patient: The legal system can be slow, and it's essential to be patient. Continue to work with your lawyer and provide them with any new information that becomes available. It's important not to take any actions that could harm your case or make the situation worse.
In conclusion, it's essential to consult with a lawyer and provide them with all relevant information regarding your case. They can advise you on the best course of action and represent you in court if necessary. Additionally, it's crucial to remain patient and proactive in providing evidence that supports your position.
i have already told the concerned sp regarding this matter , even to our commissioner of police , today I shall be mailing my statement to concerned police station along with the concerned police station sp in up , but this si he has been calling me again and again to come down to up so that he can serve notice , and threatened that if I do not come up he shall come to Gurgaon and arrest , me and my mother as my mother is the proprietor, we approached the high court for protection matter is pending for next date , and have mentioned every detail before them even the local police report says its an civil matter , please suggest shall I move to Allahabad high court for intervention and quashing
Asked 1 year ago
You are liberty to file petition in HC for quashing of FIR
You can file a petition under section 482 cr.p.c. against the SI who is posing threats and also indulging in all such illegal activities against you at the behest of opposite party/defacto complainant, seeking an order to direct the concerned SI nto not harass and to follow the legal procedures to pursue the cae as per law.
Filing a petition to quash FIR at this stage may not be entertained by high court of Allahabad and the court may dismiss stating that the investigation is not completed.
Therefore you can take a decision as suggested.
Since the FIR is registered in Uttar Pradesh, you will need to approach the High Court at Allahabad for quashing it however the High Court may not entertain your petition because the final report/chargesheet has not been submitted yet.
Regarding the SI threatening you, next time if he calls you ask him to serve you the original notice by post. The notice contains details such as time and place of where to meet, etc. and he is duty bound to prepare it within 2 weeks of filing the FIR. He cannot arrest you until and unless the notice is served and is not complied. In many cases the High Court at Allahabad has severely punished police officers for not complying with guidelines of serving notice to the accused. I would suggest you file a petition under section 482 of CrPC at Allahabad against the SI ordering him to be within the guidelines.
Dear client,
If you have already approached the High Court for protection and the matter is pending for the next date, you may want to wait for the court's decision on the matter. In the meantime, you may want to continue to cooperate with the investigation and respond to any notices or requests from the concerned police station or authorities in a timely manner.
If you feel that the SI is harassing you or making false threats, you may want to bring this to the notice of the court and request for appropriate action. You can also consider filing a complaint with the higher authorities or the Police Complaints Authority.
As for moving to the Allahabad High Court for intervention and quashing, you may want to consult with your lawyer to determine if this is a viable option and whether it can have any impact on the pending matter in the High Court. Your lawyer can advise you on the legal remedies available to you and the best course of action to take based on the facts and circumstances of your case.
Yes go for quashing in HC
I live in Gurugram, hope I could help you out.
First of all you should apply for anticipatory bail and simultaneously file Quashing petition before Allahabad highcourt.
Yes the matter is of civil nature but and will be the main ground for Quashing petition.
Please immediately file Anticipatory bail as the s.406 is NON-BAILABLE.
