Quashing means puts an end toward something. One of the primary functions of law is to provide justice to the aggrieved party. A person being aggrieved party files a complaint FIR in police station. Now depending on case to case an FIR may consist of different offences whether compoundable or not. The concept of Quashing of FIR is a relief which allows the courts to remove or dismiss the irrelevant FIR/s being registered. The Ingredients’ of FIR must be there in order to substantiate or quashing of FIR. But however there are several other aspects which can be considered regarding quashing of FIR. The essential ingredients include:
1) information must be given to place.
2) must be at first point of time.
3) It is a particular offense on which investigation has been started.
However in Lalita Kumari V. Govt of UP, the Hon’ble Court clearly said that if there are two FIRs and are of same nature, having same allegation then one FIR can be quashed.
Section 482 provides the inherent powers of court and court has ultimate power to quash the proceedings at the end. This section empowers the court to act in and manner to meet the ends of justice. And if the high court finds that the FIR being filed is frivolous or untrue then it can directly straight away quash the FIR. However the burden is on the NRI petitioner that he has been falsely implicated and the FIR should be quashed. In ordinate delay is also one ground for quashing of FIR.
Quashing of FIR is commonly questioned in s.498A i.e cruelty. These have been common practice by women to defame or to pressurize the inlaws and the Hon’ble Supreme Court has clearly said that the power of High court in quashing of FIR cannot be questioned. Quashing of FIR against NRI can be done where offences are so broad that no prudent man can ever reach to some result where offence committed is of non-cognizable nature and police can’t take action without also of magistrate. Supreme Court has also said quashing of FIR against NRI can be done for final settlement and peace in non-heinous offenses. Where the crime is of heinous nature like rape or murder even if parties settle or there is settlement, quashing of FIR cannot be done. Delay in fling charge sheet or FIR that can NOT be ground for NRI to seek quashing of FIR.
The Chandigarh High Court can quash the FIR against NRI where decision is remote and further. Proceedings would be prejudiced and causes oppression. However quashing of FIR can also be done of there is clear evidence that a counter FIR has also been filed in lieu of first FIR being recorded by police. If the accused was not present at the time of crime or at the crime scene that can also be relevant factor for quashing of FIR. In land mark case State of Haryana V. Bhajan lal, the two judge bench give clear guidelines where quashing of FIR can be done i.e.
1. where the allegation being framed do not prima facia constitute any offence
2. Where FIR consists of non-cognizable offences and investigation has not been done by the police officials without the order of the magistrate V/S 155 (2) Cr.P.C.
3. If the allegations made are so abused that n o provident man can follow persons of law.
4. If there is legal bar over the contrivance of the proceedings of concerned case.
5. If the FIR has been file has been file with malafide instituted. However in many cases, S.C clearly says that high court should use this power carefully and consciously.
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