Quashing of FIR

Quashing of FIR

Section 482 of Criminal Procedure Code, 1973 provides for the inherent powers of the High Court under which to prevent the above of process of court or to meet the end of justice, High Court can Quash a FIR. A FIR is filed by the aggrieved party against the wrong does but sometimes this end of justice is not met and the aggrieved party files a wrong FIR. The power of Quashing FIR has been given to the High Court under Section 482 of CrPC. For the quashing of FIR, the procedure to be followed is that a petition it filed and the quashing of the FIR takes place. But the power of High Court have to be exercised judiciously. That the High Court are not entertain every petition for the quashing of FIR and the power have to be discretionary. The various grounds as mentioned in the case of State of Haryana V. Bhajan lal for the quashing of a FIR are:

1. That the allegation made out in the FIR on their face value and prime Facie do not constitute an offence.
2. That the allegation made out in the FIR are not forming a compoundable offence requiring justifying investigation by police.
3. That the allegation made out in FIR do not form part of a compoundable offence, but of a non-compoundable offence, no investigating is instituted by the police officer without the order of Magistrate.
4. That the aggregations made one so abused and improbable that there is no sufficient ground for proceeding with the case.
5. That the allegations made are mala file and maliciously instituted.

Also a FIR can’t be quashed in heinous and serious crime because such crime not only affect the private persons but they affect the public at large. And Quashing of FIR in such cases will not land to the ulterior motion of law of securing the ends of Justice. So the High Court have to deal with this power given under law discretionary and be exhaustive in securing justice to the aggrieved parties.


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