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Quashing Of FIR

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Quashing Of FIR Or A Complaint

Laws have been made to protect people and safeguard the rights of individuals. Nevertheless, there are many who misuse these laws to fulfill their personal mala fide intentions. Their aim may be to blackmail another individual, for money or for even fame or force the other to act in certain desired way.

For this reason, the need for such provisions was felt which enabled the innocent being targeted in the garb of laws to be saved from malicious prosecution. The lawmakers wanted to ensure that there must be some institution which has the power to restrain such complaints or FIRs which were merely made to misuse the laws and rights provided by the law.

Thus, an individual can approach the High Court under the Section 482 of the Criminal Procedure Code for quashing an FIR or a complaint filed against him. For such Quashing of the FIR or complaint, the Court must be entirely convinced that there is no prima facie case made out against the named accused and the individual has been falsely implicated with malicious intent.

What Are Various Inherent Powers Of High Court?

Section 482 of The Code of Criminal Procedure provides the High Court with inherent powers stating that a High Court has the authority as well as the duty to act judiciously make the two ends of justice meet. It is through this provision that the High Court can be approached for Quashing of an FIR or a complaint. It is expected from the Court to examine the facts and material which can be seen prima facie seen in the FIR or the complaint and unravel the real nature of the FIR in question. If the High Court is satisfied that the FIR has been lodged or the complaint has been filed with the sole motive of harassing the accused and taking undue advantage of the procedure of law, it may be quashed.

It must be noted that the approach of the High Court and the Supreme Court is strict with respect to Quashing of the FIR or the complaint. The Court shall rely on very strong reasoning to curtail the right of an investigating agency.

The burden of proof lies on the applicant and it must be proved beyond doubt that the FIR/ complaint is purely ill-natured and lacks ingredients that constitute the named offence.

Various Grounds Of Quashing Of A Complaint Or An FIR

  • Where the allegations levelled against the accused in the FIR or the complaint does not prima-facie constitute the ingredients of the commission of any offence.
  • Where the allegations made in the FIR or complaint are of such nature that it is inherently unlikely to see sufficient ground for proceeding against the accused on basis of the said FIR or complaint.
  • Where the law through any provisions lays down express bar upon the institution and/ or continuance of the proceedings against the accused.
  • Where the High Court witnesses the filing of counter FIRs which shows deception, vengeance or ulterior motives of the parties or any other malicious intent of the parties.

The application of Quashing of FIR/ complaint has to be dealt with very carefully and in a proficient manner with aid of an expert due to the strict guidelines which the Courts abide by while adjudicating such matters.

Quashing of FIR In Event Of A Compromise Between The Parties

In many instances, the complainant desires to withdraw his complaint upon reaching a settlement with the accused, but the same is not easy when the nature of the matter is Criminal. In such cases, the complaint and the accused have to approach the High Court for the quashing. Few points which must be kept in mind for the same are:

  • The timing of settlement between parties is significant while determining the issue of quashing an FIR.
  • While deciding whether a particular criminal proceeding or complaint can be quashed, the Court has to consider whether the action shall result in the meeting of the ends of justice and prevent the abuse of the process of the court. Thus the decision revolves ultimately on the facts and circumstances of each case and no strait-jacket principle can be formulated
  • The High Court must have due regard for the nature and gravity of the offence provided in the FIR or the complaint. Quashing cannot be considered appropriate for the commission of serious and heinous offences. Such offences are not private in nature but impact the society as a whole.
  • Apart from serious offences, there are criminal cases which arise from commercial, financial, mercantile, partnership etc which are predominantly civil in nature. The Court may take a lenient approach in quashing the criminal proceeding in such disputes of both parties have genuinely reached to a compromise and the continuation of proceedings shall only result in a burden on the judiciary and no possible conviction.
  • There might be instances where the offence on the outside is primarily civil between private parties, yet involves allegations of forgery, extortion, fabrication of documents etc. Here quashing of such criminal proceedings shall be against the interest of the society.

Hence, the Court carefully studies the elements of each case before utilizing its power to quash FIR or criminal proceedings under Section 482 of The Criminal Procedure Code.

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Filing of FIR Quashing Application before the High Court

The High Court has to be approached by making an application in the prescribed format under the provisions of Section 482 of The Criminal Procedure Code. The complete details of the FIR/ complaint must be mentioned with the allegations leveled in it, all the complainants and the accused, the pleadings to convince the Court that such criminal proceeding has been imitated with an intent to misuse the process of the Court and finally the relief being sought, qua one accused or all.

How we at LawyerINC help you?

  • Approach us with the details of the case.
  • A Case Manager shall be assigned to you who shall provide you with the best legal advice and shall remain your Point of Contact during the proceedings.
  • We will find you the best Lawyer as per the jurisdiction.
  • We shall review every step of proceeding and documentation on your behalf.
  • At every stage of proceedings, till its finality, you shall be notified of the updates of the case.
  • We shall keep track of the lawyer assigned to you so that you face no troubles.

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