Can a chargesheet be quashed?
Asked by: Mr. Scottie Cremin MD | Last update: February 19, 2022Score: 4.8/5 (4 votes)
Quashing of Charge-sheet under Section 482 CrPC by High Court. ... An accused person can pray for quashing of the FIR or charge sheet (“CS”) filed against him/her before the Hon'ble State High Court under section 482 of the Cr. P.C which gives inherent powers to the Court.
Can charge sheet be quashed?
Criminal proceedings against an accused person cannot be quashed merely because the charge-sheet was not filed by the police against some of his co-accused in the case, the Supreme Court has clarified.
Can a case be quashed after chargesheet?
The Supreme Court held that while exercising the power under section 482 of the CRPC, the court can quash the FIR even if the charge sheet has been filed, as the power under section 482 is to be exercised to prevent the abuse of process and miscarriage of justice.
On what grounds for can be quashed?
Under this section, a High Court has the power to quash an FIR if it thinks that the FIR which has been lodged is a false one and was done with malicious intention to trouble the aggrieved person.
Can chargesheet be challenged?
A charge sheet can be quashed by the High Court as per section 483 of the Code of Criminal Proceedings, 1973, under this section the court has an inherent power to make any court that may be necessary to prevent the abuse of the power and to secure the ends of the justice.
QUASHING OF FIR / CHARGESHEET / DISPOSAL OF CRIMINAL CASE - PART-2 / F.I.R की क्वाशिंग
How do I challenge my chargesheet?
Once the closure report is filed before the Magistrate, he may accept and the report the case as closed, direct a further investigation into the case, issue a notice to the first informant as he is the only person who can challenge the report or he may directly reject the closure and take cognizance of the case.
Can 498a be quashed after chargesheet?
Yes you can approach for the quashing of the FIR before the high court as contested and if there is any settlement between the parties than also you both the parties can file the quashing for the quashing of the FIR.
Can a criminal case be quashed?
The Supreme Court Wednesday said high courts can quash criminal proceedings exercising inherent powers under Section 482 of the CrPC even if the offences are non-compoundable while bearing in mind the nature of offence and voluntary settlement of dispute between the parties.
What happens when a case is quashed?
In simplest terms, quashing of criminal proceedings would mean ceasing the legal machinery which had been set in motion. This is usually done after a First Information Report (hereinafter referred to as FIR) is filed, before the chargesheet-filing stage.
How do you squash a case?
An FIR can be quashed by the High Court if the court is convinced that the person is innocent and has been falsely implicated. A High Court can quash the FIR on the ground that the case is a false case and will ask the police to set the aggrieved person free if he has been arrested.
Can FIR be quashed before chargesheet?
A High Court cannot place reliance on a "draft charge-sheet" which is yet to be placed before the Magistrate to quash the criminal proceedings under Section 482 of Criminal Procedure, the Supreme Court observed in a judgment delivered on Friday (12 November 2021).
At what stage FIR can be quashed?
Under this section, a High Court can quash an FIR if it thinks that the FIR which has been lodged is a false one and was done with the sole motive to defame and trouble the aggrieved person.
What happens after a chargesheet is filed?
The counsel for the-accused stated that as a matter of routine by lower-courts, once the chargesheet is filed, the accused is arrested by the Investigating-Officers or sent to custody by the courts themselves even if a person is not arrested during investigation; thus he was constrained to defy the summon and apply for ...
What does quash mean in court?
Definition. To set aside; to void. As in "to quash a motion" or "quash evidence."
How long does it take to quash 498a?
The quashing of FIR takes between 2 to 5 hearings to get the case quashed which will take anywhere between 10 days to 3 months. The law is supreme. It gives rights to every person without bias.
How do I know if my chargesheet is filed?
When the chargesheet is filed in the court the police will intimate you regarding the same. If they do not you can ask the concerned IO whether he has filed the chargesheet in the concerned matter or not. The mandatory period for filling a chargesheet is 60-90 days but can be extended.
Does quash mean innocent?
If a court or someone in authority quashes a decision or judgment, they officially reject it.
How do you quash a false FIR?
The victim against whom the false FIR has been lodged, can file a writ petition under Article 226 of the Constitution and can thus approach the High Court to quash such false FIR. If the High Court finds that grave injustice has been caused to the victim of the false FIR, then it can go for quashing of the same.
Which court can quash the FIR?
Justice Anoop Chitkara has observed that the inherent power of High Court encompasses the power to quash the FIR and proceedings even if the offence is non-compoundable.
Can Supreme Court quash a law?
The Supreme Court Monday said that a court can exercise its power to quash proceedings where it appears that the alleged offence although covered under the SC/ST Act, is primarily private or civil or where it has not been committed on account of the caste of the victim.
Can FIR be quashing after conviction?
On September 29, 2021 a division bench of the Supreme Court comprising Chief Justice of India NV Ramana and Justice Surya Kant held[i] that the High Court can quash criminal proceedings in exercise of its powers under Section 482 of CrPC even if the offences are non-compoundable and a compromise is reached after ...
What is squash in law?
1. “Quashing” is a legal term, the meaning of quashing is disposed of or finish a criminal case before the ending of the trial or passing judgment.
How do you quash 498A chargesheet?
(i) where it manifestly appears that there is a legal bar against the institution or continuance e.g. want of sanction; ii) where the allegations in the first information report or complaint taken at its face value and accepted in their entirety do not constitute the offence alleged; (iii) where the allegations ...
How do you quash?
In order to file a motion to quash, you will need to draft the motion and file it in the case/court that appears on the document you were served with. Once filed, the motion to quash will stay the subpoena, until a judge makes a ruling on the motion or the subpoenaed party and the issuing party reach an agreement.
What if chargesheet is not filed in 498A?
498a is a criminal case and an offence under section 498A IPC. Without a charge sheet filed before the concerned magistrate court, there is yet to be a case for which you would receive summons from court.