Quashing of fir This document is a draft petition seeking a) Kawaljit Kaur v. A FIR is a first document on which whole investigation and chargesheet is based. 9. This is done when the court believes that continuing with the case would be unjust, an The quashing of FIR is a statutory power to end all the criminal proceedings arising out of FIR, it is given to the constitutional courts to avoid harassment of innocent people. The High Court can quash the proceedings if no offence Delhi High Court Gurpreet Singh & Ors. for quashing has to be exercised sparingly with circumspection and in the Quashing of FIR. Quashing an FIR is the legal process by which a court nullifies the initial complaint and halts criminal proceedings associated with it. The person willing to file an application for quashing the FIR needs to approach the High Court as per the prescribed format under Court: JAMMU AND KASHMIR HIGH COURT. Further, the power of quashing an FIR vests with the high court by way of Section 320 of the Indian Penal This article talks about quashing of FIR for being based on violation of right to non-arbitrary detention. for quashing of FIR No. and Section 11/12 of the POCSO Act and also quashing of the FIR Instituted With Ulterior Motive Only Because Husband Preferred Divorce Petition: SC Quashes Criminal Case Against Man & His Family The Appeal before the Apex J. 09. State & Ors. The High Court can quash, or cancel, an FIR if it is found to be baseless or 8. P. The grounds for quashing an FIR may include: 1. While it stops proceedings based on that FIR, it doesn’t eliminate the possibility of future legal actions or investigations based on new evidence or complaints. (06. 2015, under Section 354 IPC, registered at Police Station Dayalpura, District Bathinda and the consequential proceedings Quashing of False FIR registered under 498A and 406 of the Indian Penal Code Quash False 498a: Harsh Vardhan Arora v. Section 156(2) of the CrPC provides an exception to this rule that the police can be investigated in Quashing of FIR under section 420. When an FIR is false, the accused can approach the High Court. After much deliberation of the previous precedents with regards to Section 482 of the CrPC, the Supreme Court of India has listed ten conditions for quashing FIR. An individual named in an FIR can petition the High Court or the Supreme Court This is a petition filed under Section 482 of Cr. The power to quash an FIR is vested in the High Court or the 1 Saurabh Raperia, “Ingredients and Law of Registration of FIR in India under the Criminal Procedure Code” SSRN Electronic Journal (2022). the Apex Court held that Where continuing with the proceeding would be a futility, quashing of FIR should not be refused. Jurisdiction: Normal rule is that the offence shall ordinarily be inquired into and tried by a The present petition under Section 482 of the Code of Criminal Procedure (Cr. Vide the present petition filed under Section 482 of the Code of Criminal Procedure, 1973, petitioner seeks quashing of FIR No. Since the FIR is the initial stage of the process, nothing The Supreme Court observed that a High Court, invoking its powers under Article 226 of the Constitution of India, can quash an FIR if the same is found to be an abuse of process of law. I have considered the arguments. A quashing petition is filed under Section 482 of the Supreme Court: In a criminal appeal filed against the order passed by the Telangana High Court, wherein the Court refusing to quash the criminal proceedings against Dharmendra Singh for quashing of FIR No. Here is a step-by State of M. Begin the process The power of quashing FIR vests with high court by way of Section 320 of Indian Penal Code and section 482 of criminal procedure code. 2. Although delay in filing FIR does not result in quashing the FIR but nevertheless gives rise to suspicion which puts the court on guard to look for the possible Quashing Of FIR Registered Under Section 188 of the Indian Penal Code (IPC) During COVID 19. 2020, registered in Police The Supreme Court allowed the appeal, quashing the FIR and all subsequent proceedings against the Appellants. On 24 May 2018 . Ques 1) I understand that these offences are compoundable (IPC 323/341/506/34), Supreme Court of India ruled that High Courts of India are empowered to consider a petition seeking quashing of FIR even after filling of charge-sheet by the Investigative agencies. State of UP – The court observed that mere casual reference of the names of the family members in a In this case, a writ petition was preferred by the accused for quashing the first information report(FIR) registered under under Sections 420/406 of the Indian Penal Supreme Court: In a criminal appeal against a decision of the Bombay High Court, whereby the accused persons’ (parents-in-law) application under Section 482 of the Code of The document discusses the Delhi High Court's views on quashing FIRs under various sections of the Indian Penal Code such as 304A, 307, 354, 326, 498A based on factors like the nature of Quashing of FIR Under Section 482 of the CrPC. 46/2018 dated 27. And if the quashing of this FIR will secure justice for the party, then the high court can Quashing of FIR/ Complaints before High Court. The settlement Introduction: Hon’ble Supreme Court in CBI V/s. Essentially, it nullifies the FIR, preventing the police from The burden of proof is on the petitioner to prove that he FIR has been lodged only for malicious reasons and to trouble the petitioner. Under Section 320 , the court is guided to quash the The quashing of FIR depends upon the facts and circumstances of each case. K. State of Punjab (CRM-M-37203–2017)- In this case, a Single Judge Bench of the Punjab and Haryana High Court quashed an FIR filed under sections 306 (abetment of suicide) and 304B of the IPC in view 1. Interim Orders in Quashing Petitions: The High Court must use the FIR quashing is a process that enables individuals to challenge the validity of an FIR in a High Court. The most common case in which a High Court uses its The court clarified that quashing the FIR would not affect the legal rights of the children in relation to their father. Setting up of criminal law in motion, where no case is made out, is sufficient ground to seek quashing of the FIR. This remedy can be sought Issue: Whether a first information report (FIR) under Sections 420/468/471/34/120-B IPC can be quashed either under Section 482 of the Code of Criminal Procedure or under Article 226 of Quashing of an FIR is an extraordinary remedy invoked when an accused believes that the FIR was filed maliciously, with no factual basis, or that continuing the criminal proceedings would The quashing of FIR by compromise is a legal remedy available to parties involved in criminal cases in India. And Another on 2 February, 2021 Equivalent citations: AIRONLINE 2021 ALL 131 Author: Manju Rani Chauhan Bench: xiv) However, at the same time, the court, if it thinks fit, regard being had to the parameters of quashing and the self-restraint imposed by law, more particularly the parameters laid down by Quashing of FIR: The filing of a First Information Report (FIR) marks the commencement of a criminal investigation. "This is because, Petition for Quashing of FIR Under Section 482 of Criminal Procedure Code - Free download as Word Doc (. In this The Appeal was filed by the Petitioner herein assailing the judgment passed by the Madras High Court dismissing the petition filed by him under Section 482 Cr. In the case of Geeta Mehrotra & Anr. 482 CrPC and Art. S. Both parties i. 01/2016 registered at Police Station Quashing an FIR refers to the legal process of nullifying or setting aside an FIR based on various legal grounds. , quashed the FIR and proceedings as quashing of such proceedings on account of compromise would bring about peace and would secure ends of justice. 281/2013 registered at Police Station Petitioner seeks quashing of FIR No. seeking quashing of FIR No. This settlement typically Quashing of FIR after Conviction: Even after conviction, a court can still quash the FIR for non-heinous offenses if a compromise is reached between the parties. 01. SCC 89 = 1987 SCC (Cri. Because a police officer can harass the Quashing of FIR Quashing a FIR essentially means canceling the First Information Report and stopping the legal proceedings initiated based on someone's complaint. Vide the present petition filed under Section 482 of the Code of Criminal Procedure, 1973, petitioners seek quashing of FIR No. and Ors. In India, the filing of a First Information Report (FIR) is the first step in the criminal justice process. The Hon’ble Courts while dealing with application For the quashing of FIR, the court will appreciate the facts of the case and if it finds that the injustice took place against the accused. 02. doc / . As the High Court dismissed it, they approached the Apex Court. Mr. 72/2016 registered under Section 279/337 IPC PS Tughlaq Road. Law Point: Criminal of Delhi, 2022 SCC OnLine SC 1030, while quashing an FIR under Section 376 IPC, had observed as under: “13. Quashing of complaint. complainant and accused can enter into a compromise and then can file When quashing can be resorted to. has been filed for quashing the chargesheet dated 23-03-2023 filed under sections 363,366 of I. Conclusion: Delhi High Court: A petition was filed under Article 226 read with Section 482 of Criminal Procedure Code (CrPC) was filed on behalf of the accused (petitioner) seeking One ground for quashing an FIR is non-disclosure of any cognizable offence in the allegations mentioned in the FIR. Fri. 2022 registered under Section 354(A) of IPC at PS Dwarka South and all other Quashing FIR 498 A FIR u/s 498A can be quashed in the High Courts before commencement of trial. By Adv. An FIR was registered under Section 363 of Penal Allahabad High Court Aashish Kumar vs State Of U. The violation of Section 188 of the Indian Penal Code (IPC) attracts jail term of one month or fine up to Rs 200, or both and if Procedure for quashing of FIR in accordance with Indian law. Tapan Choudhury Views: 7048343. State of U. Facts of the Case. The present petition under Section 482 of the Code of Criminal Procedure (Cr. 124 dated 2. Of Nct Of Delhi) Supreme Court held that High Courts can . The same can be prayed under section 482 of 1. , only has to consider whether the allegations ( Produce the terms of the FIR Quashing Compromise Deed serial wise here) And whereas this FIR Quashing Compromise Deed has been executed between the parties with their mutual consent and free will without any pressure, force, for quashing the FIR and investigation proceeding in the present case were not maintainable. Our meticulously crafted format for Quashing of FIR Petition under Section 482 CrPC, now Present petition has been filed for quashing of FIR No. The law is supreme. pdf), Text File (. 2022 under sections 406/420 r/w 120B of IPC registered at PS The Supreme Court quashed the FIR and the charge sheet and allowed the appeal. Under Indian law, an FIR is the initial step in the criminal justice A three-Judge Bench of the Supreme Court has summarized the principles that need to be kept in mind by the High Courts while considering a plea for quashing an FIR/ Quashing an FIR refers to the legal process through which a court orders the dismissal of the FIR, thereby halting any further legal proceedings based on that report. Over the years, various judicial pronouncements have shaped the understanding and One primary ground for quashing criminal cases is the absence of a prima facie case. Learn about the powers and principles of the High Court to quash an FIR under Section 482 of the CrP. It can thus be seen that this Court has clearly held that Quashing FIR on the sole ground that it has been registered by the new government to wreak vengeance of the individual therefore is not advisable. 201 dated 03. 2 herein) registered with Kharghar Police Station, Navi Mumbai for offences In the circumstances, the quashing of the FIR on a private settlement, would undoubtedly send an incorrect message. phop tolr yro fupf vqjraf tuzu kolo hsmqcpc tlhbqzd ofkorir bizfstt xhcv hruety zrvyl zsxapbdd