Quashing of FIR under section 482 CrPC: Understanding the Legal Aspect in India

In India, the criminal justice system is governed by the Code of Criminal Procedure, 1973 (CrPC), which provides for the procedure to be followed in criminal cases. One of the important provisions of the CrPC is section 482, which empowers the High Court to quash any criminal proceedings if it finds that such proceedings are frivolous or are an abuse of the process of the court.

Quashing of an FIR (First Information Report) under section 482 CrPC is a legal remedy available to the accused to seek relief from the charges leveled against them. It is a discretionary power of the High Court, and the court may exercise this power to prevent the abuse of the process of the court or to secure the ends of justice.

Grounds for Quashing of FIR under section 482 CrPC

The High Court may quash an FIR under section 482 CrPC on the following grounds:

1. Lack of evidence: If the court finds that there is no prima facie evidence against the accused, it may quash the FIR.

2. Settlement between the parties: If the parties have amicably settled their dispute, the court may quash the FIR to promote the settlement.

3. Mala fide intention: If the FIR is lodged with mala fide intention to harass the accused, the court may quash the FIR.

4. No legal basis: If the FIR does not disclose any cognizable offense, the court may quash the FIR.

5. Abuse of process of law: If the FIR is filed to pressurize the accused or for any other ulterior motive, the court may quash the FIR.

Procedure for Quashing of FIR under section 482 CrPC

The accused can file a petition before the High Court under section 482 CrPC seeking quashing of the FIR. The court may then issue notice to the concerned parties and hear their arguments before deciding on the petition. The court may also consider the investigation report and other relevant documents before making a decision.

It is important to note that the power to quash an FIR under section 482 CrPC is discretionary and should be exercised judiciously. The court will consider the facts and circumstances of each case before deciding on the petition.

Quashing of FIR under section 482 CrPC: Case Laws

There have been several landmark judgments by the Indian courts on the quashing of FIR under section 482 CrPC. In the case of State of Haryana v. Bhajan Lal, the Supreme Court laid down the guidelines for exercising the power under section 482 CrPC to quash criminal proceedings. The court held that the power should be exercised sparingly and in exceptional cases where it is necessary to prevent abuse of the process of the court.

In another case, Madhavrao Jiwajirao Scindia v. Sambhajirao Chandrojirao Angre, the Supreme Court held that the power under section 482 CrPC can be exercised to prevent the abuse of process of the court and to secure the ends of justice.

FAQs on Quashing of FIR under section 482 CrPC

1. What is the procedure for quashing an FIR under section 482 CrPC?

The accused can file a petition before the High Court seeking quashing of the FIR. The court may then issue notice to the concerned parties and hear their arguments before deciding on the petition.

2. On what grounds can an FIR be quashed under section 482 CrPC?

An FIR can be quashed if there is lack of evidence, settlement between the parties, mala fide intention, no legal basis, or abuse of process of law.

3. Is the power to quash an FIR under section 482 CrPC discretionary?

Yes, the power to quash an FIR under section 482 CrPC is discretionary and should be exercised judiciously.

4. Can the High Court consider the investigation report before quashing an FIR?

Yes, the High Court may consider the investigation report and other relevant documents before making a decision on the petition for quashing an FIR.

5. Are there any landmark judgments on the quashing of FIR under section 482 CrPC?

Yes, the Supreme Court has laid down guidelines for exercising the power under section 482 CrPC to quash criminal proceedings in the case of State of Haryana v. Bhajan Lal.

6. Can an FIR be quashed if the parties have settled their dispute?

Yes, if the parties have amicably settled their dispute, the court may quash the FIR to promote the settlement.

7. What is the importance of exercising the power under section 482 CrPC judiciously?

The power under section 482 CrPC should be exercised sparingly and in exceptional cases where it is necessary to prevent abuse of the process of the court.

8. Can the accused file a petition for quashing an FIR before the Sessions Court?

No, the accused can file a petition for quashing an FIR only before the High Court.

9. Can an FIR be quashed if it does not disclose any cognizable offense?

Yes, if the FIR does not disclose any cognizable offense, the court may quash the FIR.

10. Can the accused file a petition for quashing an FIR before the trial begins?

Yes, the accused can file a petition for quashing an FIR at any stage of the proceedings before the trial begins.

11. Is the power to quash an FIR under section 482 CrPC absolute?

No, the power to quash an FIR under section 482 CrPC is discretionary and should be exercised judiciously.

12. Can the High Court quash an FIR if it finds that there is no prima facie evidence against the accused?

Yes, if the court finds that there is no prima facie evidence against the accused, it may quash the FIR.

13. Can an FIR be quashed if it is filed to pressurize the accused?

Yes, if the FIR is filed to pressurize the accused or for any other ulterior motive, the court may quash the FIR.

14. Can the accused file a petition for quashing an FIR before the police investigation is completed?

Yes, the accused can file a petition for quashing an FIR at any stage of the proceedings, even before the police investigation is completed.

15. Can the High Court quash an FIR if it finds that the charges are frivolous?

Yes, if the court finds that the charges are frivolous, it may quash the FIR.

16. Can the accused file a petition for quashing an FIR if the charges are based on false allegations?

Yes, the accused can file a petition for quashing an FIR if the charges are based on false allegations.

17. Can the High Court quash an FIR if it finds that the FIR is lodged with mala fide intention to harass the accused?

Yes, if the FIR is lodged with mala fide intention to harass the accused, the court may quash the FIR.

18. Can the High Court quash an FIR if it finds that the FIR is an abuse of process of law?

Yes, if the FIR is an abuse of process of law, the court may quash the FIR.

19. Can the High Court quash an FIR if it finds that the charges are based on a misunderstanding between the parties?

Yes, if the charges are based on a misunderstanding between the parties, the court may quash the FIR.

20. Can the High Court quash an FIR if it finds that there is no legal basis for the charges?

Yes, if the FIR does not disclose any cognizable offense, the court may quash the FIR.