Who can quash the FIR?Asked by: Linnea Rolfson MD | Last update: February 19, 2022
Score: 4.6/5 (72 votes)
The High court can quash the fir if the court is convinced that the person is innocent and falsely implicated. It also can be done if the proceedings of a case are not conducted fairly and also in some cases where the provision of the section 498A of IPC is not attracted in the report.
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.
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.
Who may file the motion of quash?
Section 1. Time to move to quash. – At any time before entering his plea, the accused may move to quash the complaint or information.
Can FIR can be quashed before 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.
FIR क्वाशिंग कब हो सकता है | When Quashing of FIR is possible
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.
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 is petition to quash?
A motion to quash is a request to a court or other tribunal to render a previous decision or proceeding null or invalid. ... For example, a party that receives improper service of process may file a motion to quash.
What does quash mean in court?
Definition. To set aside; to void. As in "to quash a motion" or "quash evidence."
How do I file a 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.
Can FIR be quashed by police?
Quashing of FIR on the basis of Compromise
Both the parties can file a joint petition under Section 482 CrPC for FIR quashing. Thereafter, the Court will scrutinize the facts, circumstances and aspects of the matter before passing an order for quashing of FIR.
Can FIR be quashed in parts?
Supreme Court has observed that an FIR can be quashed in part against some accused against whom no cognizable offence is made out.
How do you quash FIR 498A?
An FIR can be quashed by invoking the jurisdiction of section 482 of criminal procedure code, 1973. An application can file under section 482 of CrPC to quash and set aside fir registered under section 498A of IPC.
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 courts interfere investigation?
The Court and the judicial process should not interfere at the stage of investigation of offences unless doing so will result in a miscarriage of justice; ... The Courts shall be cautious while exercising the power laid down under Section 482 Cr.
Can 498a FIR be quashed?
The case of 498a can be quashed when there are vague the allegations in the FIR. A FIR is a first document on which whole investigation and chargesheet is based. ... if a FIR misses material facts then it is a vague FIR which can be quashed by invoking the jurisdiction of 482 CrPC.
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.
Does quash mean innocent?
If a court or someone in authority quashes a decision or judgment, they officially reject it.
Can you quash a motion?
A party to the lawsuit may also file a motion to quash. Under § 1987.1(b) of the California Code of Civil Procedure, other individuals may file motions to quash if their consumer records, employment records, or “personally identifying information” are contained in the documents sought by the subpoena.
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.
What CrPC 482?
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.
Does FIR against a person means his career is finished?
What allegation is on FIR is matter. But in fact merely filing of FIR is not spoils your life or career. It is the first information report, after this police will submit the chargsheet within 3 month to the court and in court the trial will start, in which it will decide whether you are guilty or not.
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 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.
How can I cancel FIR in India?
1) you can submit affidavit If the case is on investigation stage only and chargesheet is not submitted then the police can submit final report /closure report ,However if it refuses tondonso then mutual quashing is possible fron high court . 2) you can file for mutual quashing of FIR in the High Court.