Partial quashing of FIR in respect of one of the accused persons

[aditya]

3 people were named in FIR. Among them 1 person named has been dropped/ removed from chargesheet. There was misunderstanding between that 1 person whose name has been dropped from chargesheet and victim who wrote FIR. Victim realized his mistake and understood that only 2 people were culprit out of 3 . Can FIR be quashed in parts only on that person whose name has been dropped from chargesheet so that there is no problem in getting government job in future????????

[Dr. Ashok Dhamija]

From your question, it appears that the name of one accused person (out of three) has been dropped while filing the charge sheet. This means that police did not file the charge sheet against that one accused person. This happens when the police did not find sufficient evidence to file charge sheet against him or if it found that no offence was committed by him at all.

This is not called quashing of the charge sheet against that accused person. You can say that he was not charge sheeted or that his name was dropped from the charge sheet.

Generally speaking, this should not come in the way of such accused person getting a government job, because he has not even been charge sheeted. However, it may depend on the nature / type of offence (e.g., whether it is a very serious offence or not) and also in what circumstances charge sheet was not filed against him (e.g., whether it was due to lack of evidence or that no offence was committed by him at all). So, sometimes, the authority offering the government job may like to look into the details.

But, as I mentioned, generally speaking, it should not come in the way of getting a government job.

     

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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.

[aditya]

Thank you so much from bottom of heart for replying sir . Whether that one accused person ( out of three ) whose name has been dropped from chargesheet can file a petition for quashing his specific name only from that FIR forever i.e to remove his specific name only from that FIR forever ???????

[Dr. Ashok Dhamija]

FIR once filed, cannot be changed.

In any case, once the charge sheet has been filed and the name of that particular accused does not figure in the charge sheet, it is sufficient for that accused since that implies that police did not find sufficient evidence against him or that he was not involved in the case.     

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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.

[aditya]

Thank you so much sir .

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