Legal Opinion Sought Regarding Section 127(2) & 351(2) BNS Case

The FIR against you under Sections 127(2) & 351(2) BNS can potentially be quashed under Section 482 of the Criminal Procedure Code (CrPC), which empowers the High Courts in India to quash FIRs to prevent abuse of the legal process and secure the ends of justice. The Supreme Court in State of Haryana v. Bhajan Lal laid down the parameters for quashing FIRs, including when the allegations, even if taken at face value, do not prima facie constitute an offence, where there is mala fide intent, or where the proceedings are manifestly malicious or baseless.In your case, the FIR appears retaliatory, triggered by an emotional outburst after the death of your father, without mens rea (intention to harm). The complainant's claim about you locking the grill is incorrect as per your account and police records. Further, the complainant has already been removed from the director post but falsely claims the position, and is involved in an FIR for cheating, indicating possible ulterior motives and malafide.The High Court can quash such an FIR if it is shown that:the allegations do not disclose a cognizable offence,the allegations are absurd or inherently improbable,the FIR was registered with mala fide intent or ulterior motive to harass or spite you,there is no sufficient ground for proceeding against you,and the criminal proceeding amounts to an abuse of the court's process.Given these conditions and considering your factual situation, a petition under Section 482 CrPC to quash the FIR is legally viable and often advisable to avoid unnecessary litigation and harassment .It is recommended that you consult a competent criminal advocate who can prepare a detailed petition demonstrating the lack of mens rea, the retaliatory nature of the complaint, absence of any real offence, and mala fide motives behind the FIR. The petition should also highlight the factual inaccuracies and the complainant's questionable conduct.In summary, yes, the FIR can be quashed under Section 482 CrPC on grounds of malicious prosecution, absence of mens rea, and to prevent abuse of the legal process, especially when triggered by emotional distress and personal vendetta following your father's death

Dear sir In law there is provision in respect of quashing of FIR,when the charge would be groundless,if u want details discussion u can contact me

Yes FIR can be quashed if it is registered with an ulterior motive and if the allegations do no constitute any offence .As per the guidelines of Honbl Supreme Court in Bhajanlas case .

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