Procedure for quashing of FIR in accordance with Indian law
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 individual may seek to quash an FIR filed against them. Quashing of an FIR means that the court declares the FIR null and void, and the criminal proceedings initiated on the basis of the FIR are terminated. The procedure for quashing of an FIR is governed by the Code of Criminal Procedure, 1973 (CrPC) and various judgments of the Supreme Court of India.
Grounds for quashing of FIR
The quashing of an FIR can be sought on various grounds, including lack of evidence, settlement between the parties, abuse of process of law, and violation of the fundamental rights of the accused. The Supreme Court of India has held that the power to quash an FIR should be exercised sparingly and in exceptional cases where the ends of justice require such interference.
Procedure for quashing of FIR
The procedure for quashing of an FIR involves filing a petition before the High Court under Section 482 of the CrPC. The petition should include the grounds on which the quashing is sought and any supporting documents or evidence. The High Court will then examine the petition and may issue notices to the concerned parties, including the state and the complainant. The court will also consider the merits of the case and may hear arguments from both the petitioner and the state before making a decision on the quashing of the FIR.
FAQs on the procedure for quashing of FIR
1. What is the procedure for quashing of an FIR in India?
The procedure for quashing of an FIR involves filing a petition before the High Court under Section 482 of the CrPC.
2. On what grounds can an FIR be quashed?
An FIR can be quashed on various grounds, including lack of evidence, settlement between the parties, abuse of process of law, and violation of the fundamental rights of the accused.
3. Can the accused file a petition for quashing of an FIR?
Yes, the accused can file a petition for quashing of an FIR before the High Court.
4. What documents should be included in the petition for quashing of an FIR?
The petition should include the grounds on which the quashing is sought and any supporting documents or evidence.
5. What is the role of the High Court in the quashing of an FIR?
The High Court will examine the petition, issue notices to the concerned parties, and consider the merits of the case before making a decision on the quashing of the FIR.
6. Is the power to quash an FIR exercised sparingly?
Yes, the power to quash an FIR should be exercised sparingly and in exceptional cases where the ends of justice require such interference.
7. Can the state and the complainant be heard in the quashing proceedings?
Yes, the High Court may issue notices to the state and the complainant and may hear arguments from both parties before making a decision on the quashing of the FIR.
8. What is the jurisdiction for filing a petition for quashing of an FIR?
The petition for quashing of an FIR should be filed before the High Court within whose jurisdiction the FIR was lodged.
9. Can the Supreme Court quash an FIR?
Yes, the Supreme Court also has the power to quash an FIR under Article 32 of the Constitution of India.
10. Is the quashing of an FIR a final decision in the case?
Yes, the quashing of an FIR terminates the criminal proceedings initiated on the basis of the FIR.
11. What is the time limit for filing a petition for quashing of an FIR?
There is no specific time limit for filing a petition for quashing of an FIR, but it should be filed as soon as the grounds for quashing become apparent.
12. Can an FIR be quashed if the investigation is still ongoing?
Yes, an FIR can be quashed even if the investigation is still ongoing if there are valid grounds for quashing.
13. Can an FIR be quashed if the charge sheet has been filed?
Yes, an FIR can be quashed even after the charge sheet has been filed if there are valid grounds for quashing.
14. Can the quashing of an FIR be sought in cases of non-compoundable offenses?
Yes, the quashing of an FIR can be sought in cases of non-compoundable offenses if there are valid grounds for quashing.
15. Can the quashing of an FIR be sought in cases of serious offenses?
Yes, the quashing of an FIR can be sought in cases of serious offenses if there are valid grounds for quashing.
16. Are there any fees for filing a petition for quashing of an FIR?
Yes, there are court fees and other expenses associated with filing a petition for quashing of an FIR.
17. Can the accused be arrested during the pendency of the petition for quashing?
Yes, the accused can be arrested during the pendency of the petition for quashing, and the court may consider granting interim relief to prevent arrest.
18. Can the quashing of an FIR be challenged in a higher court?
Yes, the decision of the High Court on the quashing of an FIR can be challenged in the Supreme Court.
19. Can the quashing of an FIR be sought in cases of civil disputes?
No, the quashing of an FIR is generally not available in cases of civil disputes.
20. Can the quashing of an FIR be sought if the accused is absconding?
Yes, the quashing of an FIR can be sought even if the accused is absconding if there are valid grounds for quashing.