Quashing of FIR is one of the most important part of Law, because many time people are involved the other persons without any reason. Actually a LAW is made for the benefit of the people. A law is made to protect people and especially the ones which have been suppressed by the dominating ones.
FIR can be quashed by High Court in accordance with Section 482 CrPC. You have to file an application to quash the FIR. You have to give the grounds on which FIR should be quashed. The concerned High Court can be moved if and only if the FIR does not establish a prima facie case against the accused.
Article 498-A and Quashing of FIR
The most common case in which a High Court uses its power is the case of Dowry Harassment and Section 498-A (domestic violence). Some women use this as a tool to pressurize the in-laws or husband and filing of false cases is rife. The aggrieved person can approach a High Court and request the court to quash the FIR as it has been lodged with the only purpose to defame or trouble him.
Major Grounds For Quashing of FIR in Legal Terms
1. No offense whatsoever made out from the contents of FIR
2. Malafides of Complaianant is patent on the face of the Record
3. An attempt to convert a pure civil liability into criminal liability in part of Prosection
Important Points For Quashing of FIR under Section 482 of CrPC
1. Section 482 preserves the inherent powers of the High Court to prevent an abuse of the process of any court or to secure the ends of justice. The provision does not confer new powers. It only recognises and preserves powers which inhere in the High Court;
2. The invocation of the jurisdiction of the High Court to quash a First Information Report or a criminal proceeding on the ground that a settlement has been arrived at between the offender and the victim is not the same as the invocation of jurisdiction for the purpose of compounding an offence. While compounding an offence, the power of the court is governed by the provisions of Section 320 of the Code of Criminal Procedure, 1973. The power to quash under Section 482 is attracted even if the offence is non-compoundable.
3. Criminal cases involving offences which arise from commercial, financial, mercantile, partnership or similar transactions with an essentially civil flavour may in appropriate situations fall for quashing where parties have settled the dispute;
Important Points Forr Quashing of FIR under Article 498-A
1.The most common case in which a High Court uses its power is the case of Dowry Harassment and Section 498-A (domestic violence). Some women use this as a tool to pressurize the in-laws or husband and filing of false cases is rife.
2. The aggrieved person can approach a High Court and request the court to quash the FIR as it has been lodged with the only purpose to defame or trouble him. There have been many cases in which an appeal was made to the Supreme Court of India that a particular offence FIR cannot be quashed or it is not under the jurisdiction of a High Court to quash it, responding to this the Supreme Court in all the cases has very clearly specified that Section 482 of the CrPC gives the High Court this power and it cannot be questioned.
3. The High Court can use its inherent powers to quash an FIR of any offence in which it is satisfied that it was required to do so.
What is Meant by Quash Petition?
A motion to quash is a request to a court to render a previous decision of that court or a lower judicial body null or invalid. It can arise out of mistakes made by any lawyer in a court proceeding. For example, a party that receives improper service of process may file a motion to quash.
Can an FIR be Quashed?
The FIR or the First Information Report which has been lodged by the police after the complainant made a complaint can be quashed or can be made void if it is lodged illegally. An FIR can be quashed by the High Court if the court is convinced that the person is innocent and has been falsely implicated.
Can FIR can be Quashed Before Chargesheet?
Rule 1:- Charge Sheet or FIR can be quashed in case of any technical fallacy either in the FIR or in the investigation report of the Police. Rule 4:- Quashing of Chargesheet u/s 482 is done after court presents the chargesheet and before charges are framed and trial is underway.
What is Section 482 of CRPC?
482. Saving of inherent powers of High Court. Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.