From the facts mentioned by you, the matter appears to be of a civil nature. But, as it generally happens in such matters, the opposite party might have given a different version of the story while filing the FIR which may perhaps be showing the existence of a prima facie case. So, in order to find out whether an offence is made out (as per the FIR) in the matter, you’ll have to see what facts are mentioned in the FIR.
If the facts mentioned in the FIR are absolutely false or non-existing, then you can point out with proof to the police itself during investigation. In such case, the police may close the investigation if your side is found to be true. But, if the facts mentioned in the FIR are supported by evidence and they show commission of an offence, then naturally the investigation may lead to charge sheet. You can try for discharge if charge sheet is filed if you believe that the charge is wrong and it is a civil matter.
On the other hand, if the facts mentioned in the FIR do not make any offence even if one reads them on face value, then there may be a good case for approaching the high court for quashing of the FIR.
Regarding your question with regard to obtaining anticipatory bail before meeting the SHO, it depends on whether you are apprehending arrest when you meet him. If so, you can apply for anticipatory bail. But, if you feel that the police is not going to arrest you at this stage and merely wants to record your version, then there would be no need for anticipatory bail at this stage. However, if you are not sure in this regard and do not want to take risk, then better file an application for anticipatory bail immediately.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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