This article talks about Evidential grounds for FIR quashing.
Introduction
In India, the filing of a First Information Report (FIR) is the first step in the criminal justice process. However, there are instances where an FIR may be quashed by the courts due to lack of evidential grounds. Quashing of an FIR means the court’s decision to nullify the FIR, thereby putting an end to the criminal proceedings. In this article, we will delve into the legal provisions governing the quashing of an FIR in India, and the evidential grounds on which it can be done.
Legal Provisions for FIR Quashing in India
The power to quash an FIR is vested in the High Court and the Supreme Court of India under Section 482 of the Code of Criminal Procedure, 1973. The courts can exercise this power to prevent abuse of the process of the court or to secure the ends of justice. The Supreme Court has held that the power to quash an FIR should be used sparingly and with caution, and only in cases where there is no prima facie case against the accused.
Grounds for Quashing an FIR
There are several grounds on which an FIR can be quashed by the courts in India. These include:
1. Lack of Evidence: If the allegations in the FIR are not supported by any evidence or are based on mere suspicion, the court may quash the FIR.
2. Settlement between the Parties: If the parties involved in the case have reached a settlement and the continuation of the criminal proceedings would serve no purpose, the court may quash the FIR.
3. Mala fide Intentions: If it is found that the FIR has been filed with mala fide intentions, such as to harass the accused or to settle personal scores, the court may quash the FIR.
4. Abuse of Process of Law: If the filing of the FIR is found to be an abuse of the process of law, the court may quash it.
5. No Prima Facie Case: If the court finds that there is no prima facie case against the accused based on the material on record, it may quash the FIR.
Evidential grounds for FIR quashing
In order to quash an FIR, the courts in India require strong evidential grounds. The following are the evidential grounds on which an FIR can be quashed:
1. Lack of Credible Evidence: If the allegations in the FIR are not supported by credible evidence, the court may quash the FIR. The court will examine the evidence on record to determine whether there is a prima facie case against the accused.
2. Contradictory Statements: If the statements of the complainant and the witnesses are contradictory and lack consistency, the court may quash the FIR. Inconsistencies in the statements may raise doubts about the veracity of the allegations.
3. Material Omissions: If there are material omissions in the FIR or if the FIR does not disclose all the necessary facts, the court may quash it. The FIR should contain all the material facts necessary for the court to form an opinion about the case.
4. Unreliable Witnesses: If the witnesses in the case are found to be unreliable or have a history of making false statements, the court may quash the FIR. The credibility of the witnesses is crucial in determining the strength of the case.
5. No Corroborative Evidence: If the allegations in the FIR are not supported by any corroborative evidence, the court may quash the FIR. Corroborative evidence is essential to establish the veracity of the allegations.
Conclusion
In conclusion, the quashing of an FIR in India is governed by the legal provisions under the Code of Criminal Procedure, 1973. The courts have the power to quash an FIR if there are evidential grounds to do so, such as lack of credible evidence, contradictory statements, material omissions, unreliable witnesses, and lack of corroborative evidence. It is important for the courts to exercise this power sparingly and with caution, in order to prevent abuse of the process of law and to secure the ends of justice.
FAQs: Evidential grounds for FIR quashing
1. Can an FIR be quashed by the police?
No, the power to quash an FIR is vested in the High Court and the Supreme Court of India under Section 482 of the Code of Criminal Procedure, 1973.
2. What is the meaning of quashing an FIR?
Quashing of an FIR means the court’s decision to nullify the FIR, thereby putting an end to the criminal proceedings.
3. Can an FIR be quashed if the parties have reached a settlement?
Yes, if the parties involved in the case have reached a settlement and the continuation of the criminal proceedings would serve no purpose, the court may quash the FIR.
4. What is the significance of credible evidence in quashing an FIR?
Credible evidence is crucial in determining the strength of the case. If the allegations in the FIR are not supported by credible evidence, the court may quash the FIR.
5. Can an FIR be quashed based on material omissions?
Yes, if there are material omissions in the FIR or if the FIR does not disclose all the necessary facts, the court may quash it.
6. What is the importance of corroborative evidence in quashing an FIR?
Corroborative evidence is essential to establish the veracity of the allegations. If the allegations in the FIR are not supported by any corroborative evidence, the court may quash the FIR.
7. Can an FIR be quashed if the witnesses are found to be unreliable?
Yes, if the witnesses in the case are found to be unreliable or have a history of making false statements, the court may quash the FIR.
8. What is the role of the court in quashing an FIR?
The court has the power to quash an FIR if there are evidential grounds to do so, in order to prevent abuse of the process of law and to secure the ends of justice.
9. Can an FIR be quashed based on lack of prima facie case?
Yes, if the court finds that there is no prima facie case against the accused based on the material on record, it may quash the FIR.
10. What is the significance of mala fide intentions in quashing an FIR?
If it is found that the FIR has been filed with mala fide intentions, such as to harass the accused or to settle personal scores, the court may quash the FIR.
11. Can an FIR be quashed based on contradictory statements?
Yes, if the statements of the complainant and the witnesses are contradictory and lack consistency, the court may quash the FIR.
12. Can an FIR be quashed based on abuse of process of law?
Yes, if the filing of the FIR is found to be an abuse of the process of law, the court may quash it.
13. Can an FIR be quashed based on lack of credible evidence?
Yes, if the allegations in the FIR are not supported by credible evidence, the court may quash the FIR.
14. Can an FIR be quashed based on unreliable witnesses?
Yes, if the witnesses in the case are found to be unreliable or have a history of making false statements, the court may quash the FIR.
15. Can an FIR be quashed based on lack of corroborative evidence?
Yes, if the allegations in the FIR are not supported by any corroborative evidence, the court may quash the FIR.
16. Can an FIR be quashed based on lack of material omissions?
Yes, if there are material omissions in the FIR or if the FIR does not disclose all the necessary facts, the court may quash it.
17. Can an FIR be quashed based on lack of prima facie case?
Yes, if the court finds that there is no prima facie case against the accused based on the material on record, it may quash the FIR.
18. Can an FIR be quashed based on settlement between the parties?
Yes, if the parties involved in the case have reached a settlement and the continuation of the criminal proceedings would serve no purpose, the court may quash the FIR.
19. Can an FIR be quashed based on mala fide intentions?
Yes, if it is found that the FIR has been filed with mala fide intentions, such as to harass the accused or to settle personal scores, the court may quash the FIR.
20. Can an FIR be quashed based on abuse of process of law?
Yes, if the filing of the FIR is found to be an abuse of the process of law, the court may quash it.
21. Can an FIR be quashed based on contradictory statements?
Yes, if the statements of the complainant and the witnesses are contradictory and lack consistency, the court may quash the FIR.
22. Can an FIR be quashed based on lack of credible evidence?
Yes, if the allegations in the FIR are not supported by credible evidence, the court may quash the FIR.
23. Can an FIR be quashed based on unreliable witnesses?
Yes, if the witnesses in the case are found to be unreliable or have a history of making false statements, the court may quash the FIR.
24. Can an FIR be quashed based on lack of corroborative evidence?
Yes, if the allegations in the FIR are not supported by any corroborative evidence, the court may quash the FIR.
25. Can an FIR be quashed based on lack of material omissions?
Yes, if there are material omissions in the FIR or if the FIR does not disclose all the necessary facts, the court may quash it.