For Quashing of FIR under Section 482 of the Code of Criminal Procedure (CrPC), the High Court must apply its inherent authority with caution and discernment. 

“The section is a sort of reminder to the High Courts that they are not merely courts in law, but also courts of justice and possess inherent powers to remove injustice,” the Hon’ble Allahabad High Court subsequently stated in its opinion. One unalienable aspect of the High Court’s standing relative to the courts that report to it is its inherent power. 

When they can be used to enforce a court order and further the goals of justice, they are inherently judicial. Quashing of FIR CrPC Section 482 grants the High Court discretionary jurisdiction. In the event that a party has not addressed the matter with integrity, the High Court may decline to exercise its discretion.

Grounds for Quashing of FIR

A First Information Report (FIR) under Section 482 of the Code of Criminal Procedure (CrPC) can be quashed for a number of reasons, and the Supreme Court of India has issued significant rules describing these circumstances in latest judgment on quashing of FIR like Sundar Babu v. State of Tamil Nadu and State of Haryana v. Bhajan Lal.

(a) in cases where the accusations contained in the complaint or First Information Report, even if they are accepted in their whole and taken at face value, do not, in and of themselves, establish any crime or establish a case against the accused;

(b) in cases where the claims in the First Information Report and any additional materials that may be included with it do not reveal a crime that would warrant a police investigation under Section 156(1) of the Code unless a magistrate’s order falling under Section 155(2) of the Code is obtained;

(c) in cases when the uncontested claims included in the FIR or complaint, along with the supporting documentation, do not reveal the commission of any crime and do not establish an accusation against the accused;

(d) a police officer may not conduct an inquiry without a magistrate’s approval, as allowed by Section 155(2) of the Code, in cases where the charges in the FIR solely represent a non-cognizable offense;

(e) in cases where the accusations included in the FIR or complaint are so ludicrous and implausible that a reasonable person can’t conclude that there is enough evidence to bring charges against the accused;

(f) in cases where any provision of the Code or the relevant Act (under which a criminal proceeding is instituted) expressly forbids the institution and continuation of the proceedings, and/or in cases where a specific provision of the Code or the relevant Act provides effective redress for the aggrieved party’s grievance;

(g) when a criminal case is obviously handled dishonestly and/or when it is intentionally started with the intention of exacting revenge on the accused and showing him contempt because of a personal or private grudge. 

The court must strike a balance between the particular facts of the case and the authority provided under Section 482 CrPC quashing of FIR. While specific guidelines are not provided for the application of these powers, the court must ensure that justice is administered.

Section 482 Cr.P.C. has a very broad application and is a crucial component of the statute that ensures justice is served in situations where injustice may occur. However, because of its wide scope, the courts must exercise caution when applying it and must adhere to the standards periodically established by the Supreme Court and High Courts. Contact Lawgical Adda to know more about the process of quashing of FIR.

FAQs

What are the documents required for quashing of FIR?

Following are the documents required for quashing of FIR:

• A copy of the FIR with certification.
• A typewritten set comprising a clean copy of the FIR and other pertinent documents listed in the petition to quash the FIR.
• An appearance memo.
• Court cost that is necessary.

Can FIR be quashed after filing of chargesheet?

Quashing of fir after chargesheet: The High Court has the power to cancel a First Information Report (FIR) in accordance with Section 482 of the Code of Criminal Procedure (CrPC), even after the prosecution has submitted a charge sheet.

Can there be quashing of FIR on the basis of compromise?

If the complainant and the accused find a mutually acceptable resolution, the High Court retains the power of quashing of FIR on the basis of compromise. Under Section 482 of the Code of Criminal Procedure (CrPC), both parties may jointly file a petition specifying the terms and conditions of the settlement.

Can there be Quashing of FIR of 498a chargesheet?

Indeed, it is possible to proceed even after the Charge Sheet has been filed. Furthermore, it might be carried out following the trial court’s formulation of the charges.