How do you quash FIR after chargesheet?
Asked by: Ronny Lebsack | Last update: February 19, 2022Score: 4.4/5 (63 votes)
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.
What are the conditions under which an FIR 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.
What is quashing of charge sheet?
Section 482 of the Code of Criminal Procedure (CrPC) deals with inherent powers of a 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.
How long does it take to quash an FIR?
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. The quashing of fir is also a right, but not a mandatory or law bound process like the appeal or revision for the petitioner.
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
Can FIR be quashed after filing of 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.
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.
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.
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.
Is it possible to withdraw FIR?
Once you register an FIR it becomes an offence against State and therefore you can't withdraw it. Options before you are (1) to co-operate with your husband in quashing the FIR before High Court or (2) you should become hostile before the court.
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.
What happens when 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 happens after framing of charges?
After the charges are framed then the Prosecution(State) will lead evidence, the Prosecution Witness will appear in court and will depose and then you can cross examine them, after all the witnesses are examined then you can give your statement and lead the witness and then the court will pronounce its judgement.
Is quashing FIR necessary?
It is submitted that only in an exceptional case and rarest of rare case, the powers to quash the FIR are required to be exercised sparingly and with circumspection. It is submitted that the same parameters which shall be applicable while exercising the powers under Section 482 Cr.
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.
Can FIR be quashed against one accused?
FIR against main accused stands, the apex court says.
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 FIR be quashed at initial stage without investigation?
Thus it is manifest that a First Information Report can be quashed during the pendency of the investigation even. The Apex Court in the said Judgment has not categorised by holding that the F.I.R.
What is the punishment for filing a false FIR?
(1) Any person, who makes false complaint or provides false information against any person, in respect of an offence committed under sections 3, 5, 7 and section 9, solely with the intention to humiliate, extort or threaten or defame him, shall be punished with imprisonment for a term which may extend to six months or ...
Can FIR be quashed under 226?
An application for Quashing of FIR can be filed before the High Court under Article 226 of the Constitution of India by means of a Criminal Miscellaneous Writ Petition. Thus, one can invoke the extraordinary jurisdiction of the court in order to quash an FIR.
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 anticipatory bail be granted after chargesheet?
Having An Option To Surrender & Apply For Regular Bail After Filing Charge Sheet Does Not Preclude Parties From Seeking Anticipatory Bail: Supreme Court.
What is the right of a fair trial?
The Sixth Amendment guarantees the rights of criminal defendants, including the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you.
What is the difference between chargesheet and final report?
If the case is sent up for trial, the report made therein is known as “Charge-Sheet”. Whether the case is not sent up for trial, the report submitted by the police is called “Final Report”.
Can 376 FIR be quashed?
376 of IPC are against the society, they cannot be quashed by the inherent powers, even in cases where the prosecutrix and the alleged offender have entered into a compromise.