Quashing of FIRQuashing of FIR under Section 482 CrPC – Legal Remedies in Jodhpur Quashing of FIR

Introduction

When an offence is committed, the first step in criminal law is usually the filing of a First Information Report (FIR). Although the term FIR is not specifically defined in law, Section 154 of the Code of Criminal Procedure, 1973 (CrPC) deals with information in cognizable cases. The lodging of an FIR marks the beginning of a criminal prosecution and trial.

In Jodhpur, as in the rest of India, an FIR can be lodged by a victim or complainant under Section 154 CrPC, Section 156(3) CrPC, or Sections 200/202 CrPC. However, it is equally true that FIRs are sometimes misused. Many individuals exploit this legal right, filing false cases with malicious intent to blackmail or harass others. This has given rise to the need for quashing of FIRs a vital remedy to protect innocent people from unnecessary criminal proceedings.

If you are searching for an experienced advocate in Jodhpur to challenge a false FIR, consulting a skilled criminal advocate in Jodhpur becomes essential.

Statutory Provision

Statutory Provision for Quashing of FIR

The legal remedy for quashing an FIR lies in Section 482 of the CrPC, which defines the inherent powers of the High Court. The High Court is empowered to intervene in cases where:

• The FIR is filed with malicious intent.
• The continuation of proceedings would amount to an abuse of the court’s process.
• Intervention is required to secure the ends of justice.

Thus, if you are facing a false FIR in Jodhpur, the High Court can quash such proceedings, provided the petitioner can prove the allegations are frivolous or intended only to harass

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

While the filing of FIRs is essential to initiate criminal proceedings, it is equally important to prevent their misuse. Section 482 CrPC empowers the High Court to quash baseless and malicious FIRs, ensuring justice is not derailed by false complaints.

At Shekhawat Legal, we focus on protecting our clients from unnecessary litigation and ensuring their rights are safeguarded.

Written By – Adv. Pradhyumn Singh Shekhawat

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