420 IPC, IT ACT 66D, 67, 67A
2 years ago
My ex-girlfriend loged a compliant on me that I have cheated her and created an fake social media profile and posted her obscene video.
Actually she had many affairs due to that I got separated from her 6months, after that she got married and her husband came to know about some video and she called me asked and I helped her to remove that video from that website. And then she turned on me that I was the one who done that but actually don't even know who has posted it. I got bail and I need to quash my fir before my chargesheet.
Some says you better get stay order and then proceed for quashing after 2years. Kindly help how to quash my fir and what is the actual manner to quash this type case.
Better get quashed at this stage only before filing charge sheet by approaching High Court then file a defamation case as follows.
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1) Defamation cases are of two types, criminal and civil.
2) In Civil defamation, a mala fide intention to defame is not always necessary. If defamation is caused, thenbsuit lies. Court fees are required to be paid as per value of damages caused to reputation.
3) Criminal defamation must, in addition, contain some deliberate malice or malafide intention, to cause damage to reputation of someone.
Here, court fees are NOT required at The level of a civil case.
At the end of case, court punishes offender if defamation is proved.
3) In civil defamation case, at end of case, court awards damages to compensate loss to reputation if defamation is proved.
I could have explained more if background is known to me. You are supposed to give more details to get detailed answer.
Please be inform that free questions deserves to be attended on priority basis so be brief but disclose summary of your case.
The better way to quash your FIR is to enter into a compromise
Quashing of FIR on the basis of Compromise
The complainant and accused can enter into a compromise. Both the parties can file a joint petition under Section 482 CrPC for FIR quashing. Thereafter, the Court will scrutinize the facts, circumstances and aspects of the matter before passing an order for quashing of FIR.
Thankyou
To quash an FIR you will have to reach out to the High Court and file an application for quashing under the Section 482 of CrPC. You will have to prove in the court that it was a false case for getting the FIR quashed.
Jagannath S Pawar
Responded 2 years ago
A.You will have to file Writ Petition in High Court for quashing of the subject FIR and meanwhile you can pray for stay on the proceedings going on in Trial Court. Thanks n regards
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