• Does high court quash entire charge sheet if we prove one of the accused is innocent

A relative bribed cops and filed false complaint under crpc 323,506, 34 against 5 family members of us. The police filed the charge sheet against us but I'm not present in location and I have evidence that I worked on that day like sending work emails, Google maps timeline, bus ticket I came to house next 2 days. Does high court quash entire charges against 5 of us or drop charges only one who have evidence
Asked 1 year ago in Criminal Law
Religion: Hindu

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9 Answers

Greetings,

 

If the case is of sheer false implication upon you then the Hon'ble High Court will not only quash your charges but we can claim damages from the state and let the concerned police official face inquiry for his actions.

 

Today it is you, tomorrow it can be anyone. Also, you need to act quickly as these charges can escalate.

 

In case of any further assistance, do contact me directly.

 

Regards

Shivam Bansal
Advocate, New Delhi
131 Answers

While clearing the air on quashing of the criminal proceedings, the Apex Court in a most learned, laudable, landmark and latest judgment titled Ramesh Chandra Gupta vs State of UP & Ors in SLP(Crl.) 39 of 2022 and cited in 2022 LiveLaw (SC) 993 that was pronounced finally on November 28, 2022 observed explicitly that the criminal proceedings can be quashed when the complaint on the basis of which FIR was registered does not disclose any acts of the accused or their participation in the commission of crime.

In a nutshell, we thus see that the Supreme Court has made it indubitably clear that the criminal proceedings can be quashed when complaint/FIR does not disclose any act/participation of accused in crime. It thus merits no reiteration that all the High Courts and District Courts must not only pay heed to what has been laid down by the Apex Court in this noteworthy case but also strictly abide by it! No denying it!

Therefore you can apply for quashing the charge sheet on the basis of the above said judgment

T Kalaiselvan
Advocate, Vellore
87693 Answers
2354 Consultations

If you are innocent FIR and charge sheet would be quashed against you only 

Ajay Sethi
Advocate, Mumbai
97491 Answers
7881 Consultations

Dear Client

If you believe that you or your family members have been falsely charged with offenses like those mentioned (IPC sections 323, 506, and 34), you may explore the following legal remedies:

Anticipatory Bail or Regular Bail: If you have not been arrested yet, you may apply for anticipatory bail to avoid arrest. If you have already been arrested, you can seek regular bail to secure your release during the trial.

Filing for Quashing of FIR/Charges: You can approach the High Court under Section 482 of the Code of Criminal Procedure (CrPC) seeking to quash the FIR (First Information Report) or charges against you. For this, you need to show that the charges are false, frivolous, or do not disclose any offense. The presence of evidence, such as work emails, Google Maps timeline, and a bus ticket, can support your claim of innocence.

Collecting and Preserving Evidence: Continue collecting and preserving any evidence that supports your alibi or proves the charges against you are false. This may include phone records, witness statements, and any other documentation that can establish your whereabouts and innocence.

Hiring a Competent Criminal Defense Lawyer: It's crucial to engage an experienced criminal defense lawyer who can navigate the legal process on your behalf, advise you on the best course of action, and represent you effectively in court.

Filing a Counter-Complaint: If you believe that your relative filed a false complaint against you out of malice or with wrongful intent, you can consider filing a counter-complaint against them for filing a false complaint, defamation, or any other applicable offense. Your lawyer can guide you on this matter.

Alternative Dispute Resolution: In some cases, mediation or settlement negotiations may be an option to resolve the dispute without going through a protracted legal battle. Your lawyer can help explore this possibility.

Anik Miu
Advocate, Bangalore
10379 Answers
121 Consultations

No. The content of your non appearance as stated by you is a principle of alibi which is a matter of evidence and trial. This is not sufficient ground for quashing. High court can quash charge only against particular accused if find that no case is made out on the basis of allegations made in FIR or complaint. 

Siddharth Srivastava
Advocate, Delhi
1453 Answers

It depends on the charge sheet if no case is made out on any one then it will be quashed for all

Prashant Nayak
Advocate, Mumbai
32859 Answers
209 Consultations

  • Quashing of charge sheet is a power exercised by the high court under Section 482 of the Criminal Procedure Code (CrPC) to prevent the abuse of process of law or to secure the ends of justice.
  • The high court can quash the charge sheet if it finds that the allegations made in the complaint or the charge sheet do not constitute any offence or are patently absurd or inherently improbable or are based on insufficient or irrelevant evidence
  • The high court can quash the entire charge sheet or a part of it depending on the facts and circumstances of each case. The high court can also quash the charge sheet against some of the accused and not others if it finds that there is no prima facie case against them.
  • However, the high court cannot quash the charge sheet on the basis of a draft charge sheet which is yet to be placed before the magistrate or on the basis of disputed questions of fact which require trial.
  • The high court also cannot direct the investigating agency to conduct investigation in a particular manner or interfere with the investigation at a premature stage .

Muraleedharan R
Advocate, Trivandrum
386 Answers
2 Consultations

- The FIR will  be quashed against the said person , who has falsely implicated in the said offence by the police , and not against all the accused in the FIR. 

Mohammed Shahzad
Advocate, Delhi
14758 Answers
224 Consultations

Only against you, since you alone can take the defense of alibi. You can do one thing, first you alone move to the HC, and if you are granted some relief by the HC, others can also take parity. 

Vibhanshu Srivastava
Advocate, Lucknow
9690 Answers
312 Consultations

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