Quashing of FIR by Non Resident Indians (NRI)

Quashing of FIR by Non Resident Indians (NRI)

Quashing of FIR means to stop the legal producing which are set in motion. The quashing of FIR can be done before filing the charge sheet and also after the charge sheet is filed. Section 482 of this code does not provide what exactly are the inherent powers of the court. There are some landmark cases which provides guidelines on this section.
In case of Prashant Bharti vs. State NCT of Delhi

(i) That the material provided by accuse is reasonable and there is no possibility of doubt.
(ii) That material relied upon by accused is sufficient to reject the factual assertion in the FIR.
(iii) That the criminal providing if initiated or continued results in abuse of law and would not serve ends of justice.

The ground of settlement of dispute between of lender and victim can be taken for invocation of jurisdiction. The quashing of FIR can be done in non-compoundable cases also. The High Court can quash FIR by justifying that it sources ends of justice. In case, the dispute is settled, the High Court shall consider the gravity of offence committed. In case of heinous offences i.e. murder, rape the SC has held that FIR should not be quashed because the crime contains the interest of public to punish the offender. If a criminal case involves essential civil element, the High Court can quash if there is settlement between parties. The Hon’ble Supreme Court said that in cases of 498-A the complaint can be quashed when the complainant alleges wrong charges with malafide intention and proceedings are taken for taking personal revenge.

The Supreme Court held that making of general allegation without any conclusive proof is ground for the invocation of jurisdiction under this section:
In State of Haryana vs. Bhajan Lal
– When a complaint is lodged and prima facie no offence is made from facts stated therein is ground for quashing.
– In cases of non cognizable offence and no investigation by the police under Section 156(1)
– The allegation made does not disclose any offence being made.
– That the allegation reflects no offence conclusion of facts stated in FIR.
– If there is express legal bar under which the criminal proceedings are instituted with regards to continuance of proceedings.

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