FIR Filing/Quashing
FIR filing is the first legal step that sets the legal procedure in motion to help the victim get justice. If there is no FIR for a case or crime, the police cannot do anything. Once FIR is filed, the police gets into action and starts investigating the crime.
FIR quashing
For FIR quashing, you must file a petition in the High Court because only the High Court has the power to quash FIR. Under Section 320, FIR is quashed on the basis of compromise between the parties. Under Section 482, if the court finds that a false FIR has been filed against a person under malicious motives, the FIR is quashed.
Benefits to choose service
You cannot simply file an FIR and then choose to withdraw it. Once filed, FIR cannot be withdrawn, only squashed and the power to do that lies with the High Court. So, you need a lawyer to do the proceedings in a correct and hassle-free manner.
Frequently Asked Questions (FAQs)
You can file an FIR at any nearest police station. You can either verbally tell the police officer present on duty about the crime and make sure the officer writes down, or you can write on your own and submit a copy to the police station, while keeping one copy to yourselves. Thereafter, the police officer reads the FIR to check whether the information recorded is exactly what you gave them. You must sign the FIR. One copy will be given to you.
The victim of the crime committed, the witness of the crime committed, or anybody who has information about the crime committed can file an FIR.
FIR contains a stamp bearing Daily Dairy Number (DDN). In case you lose your copy of the FIR, you can use DDN to fetch the FIR online, free of cost. So, make sure the FIR copy has a DDN stamp before you leave the police station.
e-FIR facility is available in states like Delhi, Himachal Pradesh, Haryana, Madhya Pradesh, Maharashtra, Jharkhand, Odisha, Patna, Kolkata, Tamil Nadu, and Bengaluru.
Visit the website of the local police station. Click on “services” tab. Choose the case category. Fill in the details of the crime. Enter your full name, mother’s/father’s name, complete address, contact number, and email ID. You will receive a copy of the FIR on your email and on your address.
You need to file a petition in the High Court for FIR quashing. It cannot be done in the police station where the FIR was filed. For this, please hire a lawyer so that you file the petition correctly. A lawyer is the best person to contact for this.