Introduction
When an offence is committed, any aggrieved individual can report it to the police officer in charge of the police station. This report is called a First Information Report (FIR). While the term “FIR” is not specifically defined, Section 154 of the Code of Criminal Procedure, 1973 pertains to FIRs and refers to them as “information in cognizable cases. The criminal prosecution and trial process begins with the filing of an FIR. This FIR can be lodged by a victim or complainant under Section 154 CrPC, Section 156(3) CrPC , or Sections 200/202 CrPC.
There’s a need of provision for quashing of FIR as some individuals exploit this right which was designed
for their protection, to blackmail innocent people with false charges, thereby wasting the court’s time. This trend of fabricating complaints has led to FIRs being used as tools for revenge. To counter this isuse, lawmakers have enacted specific laws to protect innocent individuals from such exploitation. A false FIR or complaint involves making baseless allegations with malicious intent, falsifying facts and circumstances to persecute another person.
Statutory Provision
FIR quashing is a petition submitted to the High Court to nullify an FIR and all related proceedings
against the accused. Section 482 of the Code of Criminal Procedure states the inherent powers of the High Court. It grants the high court the authority to make decisions that prevent the abuse of the judicial process and ensure justice for the aggrieved including quashing of FIR.
It provides that the high court has the authority to quash an FIR if it determines that the FIR is false and was filed with malicious intent to harass the aggrieved person. However, the petitioner bears the burden of proving that the FIR was filed solely for malicious reasons and to harass them. The two main principles that the court follows while deciding on the quashing petition is:
(i) Whether the FIR is an abuse of the process of the court.
(ii) Whether the FIR prevents the court from securing the ends of justice.
What are the Grounds for quashing of FIR?
In the case of State of Haryana v. Bajan Lal, The Supreme Court of India established guidelines outlining the grounds and conditions for quashing a First Information Report (FIR) under Section 482 of the Code of Criminal Procedure (CrPC). The High Court can quash an FIR under the following circumstances:
(a) The allegations in the FIR, even if true, do not constitute an offence against the accused.
(b) The FIR and accompanying materials do not reveal a cognizable offence justifying police investigation without a Magistrate’s order.
(c) The unchallenged allegations and supporting evidence do not disclose any offence.
(d) The FIR alleges a non-cognizable offence, which requires a Magistrate’s order for investigation.
(e) The allegations are absurd and inherently improbable.
(f) There is a legal bar preventing the proceedings or an alternative legal remedy is available.
(g) The proceedings are initiated with malicious intent or for personal vengeance.
There are some additional ground for quashing the FIR:
● Quashing after filing of charge sheet:
The High Court has the authority to quash a First Information Report (FIR) even after a charge
sheet has been filed by the prosecution. In such cases, the accused can approach the court and
present arguments demonstrating the lack of substantial evidence against them.
● Quashing of FIR on the basis of Compromise:
The High Court can nullify a First Information Report (FIR) when the complainant and the
accused reach a compromise. Both parties can collectively submit a petition under Section 482 of
the Code of Criminal Procedure (CrPC), detailing the terms of the settlement. The court will
carefully examine the case’s facts, context, and merits to determine whether to nullify the FIR based
on the compromise. However, if the court finds the compromise inadequate or lacking
authenticity, it may refuse to nullify the FIR.
● Quashing of FIR in Matrimonial Cases:
They could formalize their agreement by creating a Mutual Compromise Deed, detailing the terms
of the settlement. To seek the nullification of the First Information Report (FIR), both parties
must appear before the High Court, provide their statements, and verify their identities.
● Quashing of FIR in Financial Disputes:
This agreement usually resolves financial disputes and associated issues, often formalized through
the signing of a Compromise Deed to document the agreed terms.
Conclusion
The process to file the FIR has to be very convenient but at the same time, there has to be a strong
mechanism to avoid the misuse of the same. To ensure justice delivery there has to be a balance between the ease to file an FIR and to quash the same in case it is frivolous in nature. Section 482 empowers the High Court to take decisions based on its own discretion and ensure that the court process is not abused and that justice is delivered to the aggrieved. Although there are limitations, to a large extent it curbs the unfair FIR filings. Also, in various cases, the apex court has introduced the provision of preliminary inquiry to avoid incidents of false FIRs.
Written By – Adv. Pradhyumn Singh Shekhawat
FAQs
How many days it will take to quash FIR?
The time to quash an FIR (First Information Report) can vary significantly depending on several factors:
- Complexity of the case
- Court’s workload
- Strength of the petition
- Cooperation from investigating agencies
- Jurisdiction and specific court procedures
Generally, the process can take anywhere from a few weeks to several months. In some cases, it may even extend to a year or more. There’s no fixed timeline as each case is unique.
What is quashing of CrPC 482?
Quashing under Section 482 of the Criminal Procedure Code (CrPC) refers to the inherent power of the High Court to:
- Prevent abuse of the court process
- Secure the ends of justice
- Nullify or set aside criminal proceedings
This section allows the High Court to:
- Quash FIRs
- Stop criminal investigations
- Terminate criminal proceedings
It’s used when:
- Allegations don’t constitute an offense
- Proceedings are malicious or vexatious
- There’s a clear legal bar to prosecution
The court examines the case’s merits before deciding to quash, ensuring justice and preventing misuse of legal processes.
What is Article 226 for quashing of FIR?
Article 226 of the Indian Constitution empowers High Courts to issue writs, including for quashing FIRs. Key points:
- Aims to prevent misuse of police powers and ensure justice
- Allows filing of writ petitions directly in High Courts
- Used when fundamental rights are violated
- Can be invoked for both civil and criminal matters
- Grants discretionary power to High Courts
- Enables quashing of FIRs if they are found malicious, baseless, or violative of rights
What documents are required for quash petition?
A quash petition typically requires several key documents to support the case. These generally include a copy of the FIR or complaint sought to be quashed, any relevant court orders or notices, and documents supporting the petitioner’s grounds for quashing. Affidavits detailing the facts of the case and reasons for seeking quashing are crucial. Additionally, any evidence that contradicts the allegations in the FIR, proves the complaint is malicious, or demonstrates abuse of the legal process should be included. Legal arguments citing relevant case laws and statutes are also necessary. The exact requirements may vary depending on the specific case and the court’s rules.
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