This article talks about grounds for FIR cancellation.

Introduction

In India, the filing of a First Information Report (FIR) is the first step in the criminal justice process. An FIR is a written document prepared by the police when they receive information about the commission of a cognizable offense. Once an FIR is filed, the police are duty-bound to investigate the matter and take appropriate action. However, there are certain grounds on which an FIR can be cancelled as per the law in India. In this article, we will explore the grounds for FIR cancellation as per India law.

Grounds for FIR Cancellation

Lack of Evidence

One of the primary grounds for FIR cancellation is the lack of evidence to support the allegations made in the FIR. In order for an FIR to be valid, it must contain specific allegations that can be corroborated with evidence. If the police find that there is insufficient evidence to support the allegations in the FIR, they may recommend the cancellation of the FIR to the concerned court.

 False Information

Another ground for FIR cancellation is the filing of a false FIR. If it is found that the information provided in the FIR is false or misleading, the concerned court may order the cancellation of the FIR. Filing a false FIR is a punishable offense under Indian law, and those found guilty of doing so may face legal consequences.

Settlement between Parties

In certain cases, the parties involved in a criminal matter may reach a settlement outside of court. If the parties involved in the FIR reach a compromise and decide to withdraw the allegations, they can approach the concerned court for the cancellation of the FIR. However, the court will only consider the cancellation of the FIR if it is satisfied that the settlement has been reached voluntarily and in good faith.

Lack of Jurisdiction

The police have the authority to register an FIR only in cases where the offense is cognizable and falls within their jurisdiction. If it is found that the offense does not fall within the jurisdiction of the police station where the FIR was registered, the court may order the cancellation of the FIR. In such cases, the FIR may be transferred to the appropriate police station for further investigation.

Mala Fide Intent

If it is found that the FIR was filed with mala fide intent, such as to harass or defame the accused, the court may order the cancellation of the FIR. Mala fide intent refers to an ulterior motive behind the filing of the FIR, and the court will take into consideration the circumstances surrounding the filing of the FIR before making a decision on its cancellation.

Procedure for FIR Cancellation

The procedure for the cancellation of an FIR in India involves approaching the concerned court with a petition for the cancellation of the FIR. The court will consider the grounds on which the cancellation is sought and may issue a notice to the concerned parties for their response. After hearing the arguments of both parties, the court will make a decision on whether to cancel the FIR.

High Court or Sessions Court

The petition for the cancellation of an FIR can be filed in either the High Court or the Sessions Court, depending on the nature of the offense and the circumstances surrounding the FIR. The court will consider the merits of the case and the grounds on which the cancellation is sought before making a decision.

Quashing of FIR

In certain cases, the High Court may exercise its inherent powers under Section 482 of the Code of Criminal Procedure to quash the FIR. The High Court may quash the FIR if it is satisfied that the allegations made in the FIR are frivolous or do not disclose any offense. However, the court will only exercise its powers to quash an FIR in exceptional circumstances.

Conclusion

In conclusion, there are several grounds on which an FIR can be cancelled as per the law in India. These grounds include lack of evidence, filing of a false FIR, settlement between parties, lack of jurisdiction, and mala fide intent. The procedure for the cancellation of an FIR involves approaching the concerned court with a petition for cancellation, and the court will consider the merits of the case before making a decision. It is important to note that the cancellation of an FIR is a serious matter and should only be sought in genuine cases where the grounds for cancellation are valid.

FAQs on Grounds for FIR Cancellation

1. What is an FIR?

An FIR is a written document prepared by the police when they receive information about the commission of a cognizable offense.

2. Can an FIR be cancelled?

Yes, an FIR can be cancelled under certain grounds as per the law in India.

3. What are the grounds for FIR cancellation?

The grounds for FIR cancellation include lack of evidence, filing of a false FIR, settlement between parties, lack of jurisdiction, and mala fide intent.

4. How can an FIR be cancelled?

An FIR can be cancelled by approaching the concerned court with a petition for cancellation and presenting valid grounds for cancellation.

5. Can a settlement between parties lead to the cancellation of an FIR?

Yes, if the parties involved in the FIR reach a compromise and decide to withdraw the allegations, they can approach the concerned court for the cancellation of the FIR.

6. Can lack of evidence lead to the cancellation of an FIR?

Yes, lack of evidence to support the allegations made in the FIR is one of the primary grounds for FIR cancellation.

7. Is filing a false FIR a punishable offense?

Yes, filing a false FIR is a punishable offense under Indian law.

8. Can lack of jurisdiction lead to the cancellation of an FIR?

Yes, if it is found that the offense does not fall within the jurisdiction of the police station where the FIR was registered, the court may order the cancellation of the FIR.

9. What is mala fide intent?

Mala fide intent refers to an ulterior motive behind the filing of the FIR, such as to harass or defame the accused.

10. Can mala fide intent lead to the cancellation of an FIR?

Yes, if it is found that the FIR was filed with mala fide intent, the court may order the cancellation of the FIR.

11. What is the procedure for FIR cancellation?

The procedure for the cancellation of an FIR involves approaching the concerned court with a petition for cancellation and presenting valid grounds for cancellation.

12. Can the High Court quash an FIR?

Yes, in certain cases, the High Court may exercise its inherent powers to quash the FIR if it is satisfied that the allegations made in the FIR are frivolous or do not disclose any offense.

13. Can a Sessions Court quash an FIR?

Yes, a Sessions Court may also quash an FIR if it is satisfied that the allegations made in the FIR are frivolous or do not disclose any offense.

14. Can the police cancel an FIR?

No, the police do not have the authority to cancel an FIR once it has been registered. The cancellation of an FIR can only be done by the concerned court.

15. Can the cancellation of an FIR be appealed?

Yes, the cancellation of an FIR can be appealed by the concerned parties if they are not satisfied with the decision of the court.

16. Can a compromise between parties lead to the cancellation of an FIR even if the offense is serious?

Yes, if the parties involved in the FIR reach a compromise and decide to withdraw the allegations, they can approach the concerned court for the cancellation of the FIR.

17. Can an FIR be cancelled if the accused is found innocent?

Yes, if the accused is found innocent during the course of the investigation, the court may order the cancellation of the FIR.

18. Can a settlement between parties be considered for the cancellation of an FIR even if the investigation is ongoing?

Yes, a settlement between parties can be considered for the cancellation of an FIR even if the investigation is ongoing, provided the settlement is reached voluntarily and in good faith.

19. Can the cancellation of an FIR be sought after the chargesheet is filed?

Yes, the cancellation of an FIR can be sought even after the chargesheet is filed, provided there are valid grounds for cancellation.

20. Can the cancellation of an FIR lead to the release of the accused from custody?

Yes, if the FIR is cancelled and the accused is found innocent, they may be released from custody.

21. Can the cancellation of an FIR lead to the closure of the case?

Yes, if the FIR is cancelled and there are no other valid grounds for further investigation, the case may be closed.

22. Can the cancellation of an FIR be sought by the accused?

Yes, the accused can seek the cancellation of an FIR if they believe that there are valid grounds for cancellation.

23. Can the cancellation of an FIR be sought by the complainant?

Yes, the complainant can also seek the cancellation of an FIR if they believe that there are valid grounds for cancellation.

24. Can the cancellation of an FIR be sought by the police?

Yes, the police can also seek the cancellation of an FIR if they believe that there are valid grounds for cancellation.

25. Can the cancellation of an FIR be sought by a third party?

Yes, a third party with a legitimate interest in the matter may also seek the cancellation of an FIR if they believe that there are valid grounds for cancellation.