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Author Topic: what is the procedure to quash a 406/420 FIR.  (Read 933 times)

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Offline sivaperumal

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what is the procedure to quash a 406/420 FIR.
« on: November 18, 2017, 08:56:42 AM »
a company cheated my money after filing FIR, MD coming forward for settlement,
if settlement happened how to withdraw FIR?
what is the time process taken for it?
if a settlement doesn't happen,
is it possible to cease the company operation based on FIR?
is it possible to freeze the company bank accounts?

Offline kalaskarkk

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Re: what is the procedure to quash a 406/420 FIR.
« Reply #1 on: December 26, 2017, 03:15:09 AM »
Dear Sir,

1.   what is the procedure to quash a 406/420 FIR.
Ans: To file an application before the Hon’ble High Court under section 482 of CRPC.

2.   A company cheated my money after filing FIR, MD coming forward for settlement,
if settlement happened how to withdraw FIR?
Ans. As the offences are non baliable and offence is against a director and company, and you being the complainant and interested person may with draw the same with the permission of the Court but as it involves big amount so your formal evidence will be recorded by the Magistrate and close the case and discharge/acquit the accused.

OR You may ask the accused : to file an application before the Hon’ble High Court under section 482 of CRPC.
what is the time process taken for it?
Ans.  Within 2-3 months, maximum.
if a settlement doesn't happen,
Ans. You proceed with the criminal case.
is it possible to cease the company operation based on FIR?
Ans. No, it cannot.
is it possible to freeze the company bank accounts?
Ans. If Court  permits on your application

With Regards,

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003. Karnataka.
Mob: 9686971935, 080-23461189
kalaskarnetra@gmail.com

Regards:

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003.
Mob: 9686971935, 080-23461189
kalaskarnetra@gmail.com
Call me for clarification

Offline settlementquick

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Re: what is the procedure to quash a 406/420 FIR.
« Reply #2 on: June 28, 2018, 11:26:21 PM »
 M-40020 of 2007 dismissing an application praying for quashing FIR No. 141 dated 30.5.2006 under Sections 406/420 of the Indian Penal Code ... under Section 482 of the Code of Criminal Procedure (for short, “the Code”).
Choices exist for structured settlement annuitants to offer or exchange the rights to future occasional installments to buyers of structured settlement installment rights.

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