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If you are facing a
false FIR, read this article on the quashing of FIR explained with specific details of law by our expert for a layman. A simple reading of this blog will give a fair idea of the concept of the quashing of FIR by the High Court. The eventualities and stages of FIR quashing have also been described which will help in understanding the subject very clearly.
STAGES OF FIR QUASHING:
- Immediately after registration of the FIR.
- After filing of the charge sheet.
- Quashing of the proceedings of a complaint case.
- Quashing of FIR at any stage of the criminal proceedings.
- FIR quashing on the basis of mutual compromise.
- FIR Quashing after plea bargaining.
- Quashing of any criminal proceedings under Section 482 CrPC.
- FIR quashing in matrimonial matters.
- Quashing of FIR in financial matters.
DOWNLOAD FORMAT OF FIR QUASHING COMPROMISE DEED
Quashing of FIR is contemplated under the Code of Criminal Procedure in Section 482, which is commonly called as the inherent powers of the High Court. The powers of the quashing of FIR are very wide, even Section 482 of CrPC is wide enough to cover all aspects which the High Court can cover. The provision of Section 482 is resorted to for the quashing of FIR. The parameters for the quashing of FIR are well laid and postulated hence it is better to understand the same before going for the quashing of FIR by the High Court. The said provision can be quoted for instant reading below:
Section 482 in The Code Of Criminal Procedure, 1973
482. Saving of inherent powers of the 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.
The broad parameters to be laid down for the quashing of FIR are mainly to prevent abuse of the process of court and secure the ends of justice. Thus we find that the powers of the High Court under Section 482 CrPc are the widest powers under which the High Court can consider all aspects and go for quashing of FIR if it finds fit. The inherent powers under section 482 CrPC for quashing of FIR by the High Court can be exercised only when no other remedy is available. FIR quashing ordinarily based on the facts of defence in advance is not permissible as the appreciation of the evidence can only be done under a trial.
The Supreme Court in its landmark judgment in Madhu Limaye vs the State of Maharashtra, related to FIR quashing has laid down some very important principles which regulate the exercise of the powers of Section 482 CrPC by the court.
- The exercise of powers under Section 482 CrPC for FIR quashing is not to be resorted to if there is a specific provision in code to redress the grievances of the aggrieved party.
- Powers under Section 482 CrPC for quashing should be exercised sparingly and to ensure the abuse of process of any Court or otherwise to secure ends of justice.
- The powers under Section 482 CrPC should not be exercised for quashing against the express bar of the law engrafted in any other provision of the code.
CONDITIONS OF QUASHING OF FIR:
In the State of Haryana vs Bhajan Lal (1992 Supp.(1) SCC 335), Supreme Court of India has summarized the law as laid down in Section 482 CrPC for quashing and has laid down 7 important conditions for quashing of the criminal proceedings under Section 482 CrPC. The said points are listed below:
- Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused. In that case, the FIR Quashing can be done by the High Court under Section 482 CrPC.
- Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code.
- Where the allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused.
- Where the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code.
- Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which, no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused.
- Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or, where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party.
- Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.
Keeping the above factors in mind, the High Court in the exercise of its powers under Section 482 CrPC and after going through the facts of the case , can go for the quashing if any of the parameters is qualified or the High Court thinks it fit in the interest of justice.
The above criteria are very wide and engulfed in such a manner that all FIRs lodged with some irregularities can be covered under it and the High Court under the exercise of its powers under Section 482 CrPC can quash the FIR. Inherent powers of the High Court under Section 482 CrPC are limitless, it can see perversity, malice, non-application of mind and order for quashing.
The exercise of powers by the High Court under Section 482 CrPC for quashing is based purely on the subjective assessment of the judge. He has to strike a balance between the powers of the courts under Section 482 CrPC and the facts of the case. As such no specific parameters are laid down for the exercise of the powers by the High Court under Section 482 Crpc.
Code of Criminal Procedure contains Section 320 which mandates the compounding of the criminal proceedings before the courts subordinate to the High Court during the trial or during the appeal but provisions of Section 482 CrPC have an overriding effect on the same considering the wide powers vested with the High Court for FIR Quashing.
QUASHING OF FIR AFTER CHARGE SHEET:
The High Court under the exercise of its powers under Section 482 CrPC can very well go for quashing even after the filing of the charge sheet by the prosecution. Either the parties can reach a compromise in the matter or the accused can appraise the court that there is no material against him even after the investigation of the matter.
The accused can also take the pleas of inherent improbability on the basis of the entire facts and the material collected against him in the charge sheet. The High Court can order for FIR quashing on the basis of the same as the provisions of Section 482 CrPC are wide enough and empower the High Court very wide powers of quashing of FIR.
QUASHING OF FIR ON THE BASIS OF COMPROMISE:
The FIR quashing by the High Court can be done at any stage of the case on the basis of compromise. Both the parties, i.e. the complainant or the informant and the accused can enter into a compromise and on the basis of compromise and then file a joint petition under Section 482 CrPC for FIR quashing.
The court can, however, scrutinize all the aspects of the matter and order for the quashing. In case the court is not satisfied with the facts and the compromise, the High Court can refuse the quashing on the basis of compromise. If the FIR is compoundable, the court may again refuse for FIR Quashing as there is an alternate remedy and the parties can approach the trial court.
FIR QUASHING IN MATRIMONIAL CASES COMPROMISE:
The High Court in the exercise of its powers under Section 482 CrPC is liberal in quashing of FIR arising out of matrimonial disputes which are mainly FIRs under Section 498 A and 406 IPC. The parties of the matrimonial dispute enter into a mutual settlement either before any of the courts where the proceedings are going on or independently.
They generally reduce it in writing and prepare a settlement of Mutual Compromise Deed spelling all terms and conditions. Most of the courts accept the same and order for quashing of FIR on the basis of compromise.
The parties are however required to appear before the High Court for their identification and their statement is also recorded in the court. In most of the cases, if the parties are going for mutual divorce, they are required to come to the court after their divorce proceedings are over.
In exceptional cases, courts order for FIR quashing even before the mutual divorce is over. There is no hard and fast rule for the same and the High Court in the exercise of its powers under Section 482 CrPC often try to be very open in such matters as they are matrimonial matters.
QUASHING IN ECONOMIC OFFENSES:
Quashing is very often resorted to in economic offences when the financial dispute is settled and the parties come to terms. If very serious sections other than the economic offence are not involved, then the parties very often enter into a deed of compromise and go for the quashing on the basis of compromise.
The High Court while exercising its powers under Section 482 CrPC deed of compromise and go for the quashing on the basis of compromise. The High Court while exercising its powers under Section 482 CrPC can thus exercise its powers and order for quashing on the basis of settlement keeping in view the entire facts and circumstances.
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Important FAQ about FIR Quashing:
FIR quashing is the petition filed before High Court for quashing the FIR and all related proceedings against the accused.
High Court has powers for quashing of FIR under Section 482 CrPC.
FIR quashing can be filed before the High Court by way of a petition through a lawyer.
Yes, FIR quashing can be done if the same is frivolous or bogus or misuse of the process of law or authority by anyone.
Online services are available #firquashingundersection482ofcrpc
You can go for the quashing of a false FIR.
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