This article talks about quashing of FIR for being based on fabricated evidence.
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 is based on fabricated evidence, leading to false accusations and wrongful prosecution. In such cases, the accused can seek the quashing of the FIR through legal means. This article will delve into the legal process of quashing an FIR for being based on fabricated evidence in India.
Quashing of FIR for being based on fabricated evidence
The Code of Criminal Procedure, 1973 (CrPC) provides the legal framework for quashing an FIR in India. Section 482 of the CrPC empowers the High Court to quash criminal proceedings if it deems it necessary to prevent abuse of the process of any court or otherwise to secure the ends of justice. This provision allows the High Court to exercise its inherent powers to quash an FIR if it finds that the allegations are based on fabricated evidence.
Grounds for Quashing an FIR
The quashing of an FIR for being based on fabricated evidence can be sought on various grounds, including lack of prima facie evidence, malicious prosecution, false allegations, and violation of fundamental rights. The accused can approach the High Court with a petition seeking the quashing of the FIR, providing evidence to substantiate their claim of fabricated evidence.
Legal Procedure for Quashing an FIR
To seek the quashing of an FIR for being based on fabricated evidence, the accused must file a petition before the High Court under Section 482 of the CrPC. The petition should include the details of the case, the grounds for seeking quashing, and any supporting evidence. The High Court will then examine the petition and may direct the concerned investigating agency to submit a report on the allegations made by the accused. After considering the submissions of both parties, the High Court will pass an order either quashing the FIR or allowing the criminal proceedings to continue.
FAQs on Quashing of FIR for being based on fabricated evidence:
1. Can an FIR be quashed if it is based on fabricated evidence?
Yes, the High Court has the power to quash an FIR if it finds that the allegations are based on fabricated evidence.
2. What are the legal provisions for quashing an FIR in India?
Section 482 of the Code of Criminal Procedure, 1973 empowers the High Court to quash criminal proceedings to prevent abuse of the process of any court or to secure the ends of justice.
3. What grounds can be cited for seeking the quashing of an FIR?
Grounds for seeking the quashing of an FIR include lack of prima facie evidence, malicious prosecution, false allegations, and violation of fundamental rights.
4. What is the legal procedure for quashing an FIR?
The accused must file a petition before the High Court under Section 482 of the CrPC, providing details of the case, grounds for seeking quashing, and supporting evidence.
5. Can the accused approach the High Court directly for quashing an FIR?
Yes, the accused can approach the High Court directly with a petition seeking the quashing of the FIR based on fabricated evidence.
6. What happens after the accused files a petition for quashing an FIR?
The High Court will examine the petition and may direct the investigating agency to submit a report on the allegations made by the accused.
7. What factors does the High Court consider before quashing an FIR?
The High Court considers the submissions of both parties, the evidence presented, and the merits of the case before passing an order on the quashing of the FIR.
8. Is it necessary to provide evidence of fabricated evidence while seeking the quashing of an FIR?
Yes, the accused must provide evidence to substantiate their claim of fabricated evidence while seeking the quashing of an FIR.
9. Can the accused seek the quashing of an FIR at any stage of the criminal proceedings?
The accused can seek the quashing of an FIR at any stage of the criminal proceedings before the High Court.
10. What happens if the High Court quashes an FIR based on fabricated evidence?
If the High Court quashes an FIR based on fabricated evidence, the criminal proceedings against the accused will be terminated.
11. Can the accused appeal against the quashing of an FIR by the High Court?
Yes, the concerned investigating agency or the state can appeal against the quashing of an FIR by the High Court before the Supreme Court.
12. Are there any limitations on the power of the High Court to quash an FIR?
The power of the High Court to quash an FIR is discretionary and can be exercised to prevent abuse of the process of any court or to secure the ends of justice.
13. What happens if the High Court does not quash the FIR based on fabricated evidence?
If the High Court does not quash the FIR, the criminal proceedings against the accused will continue as per the legal process.
14. Can the accused seek compensation for wrongful prosecution if the FIR is quashed?
Yes, the accused can seek compensation for wrongful prosecution if the FIR is quashed based on fabricated evidence.
15. Are there any time limitations for seeking the quashing of an FIR?
There are no specific time limitations for seeking the quashing of an FIR, but it is advisable to approach the High Court at the earliest opportunity.
16. Can the accused seek the quashing of an FIR for being based on fabricated evidence in lower courts?
The accused can initially approach the lower courts for seeking the quashing of an FIR, but the High Court has the ultimate authority to quash criminal proceedings.
17. What role does the investigating agency play in the quashing of an FIR?
The investigating agency may be directed by the High Court to submit a report on the allegations made by the accused before the quashing of an FIR.
18. Can the accused seek the quashing of an FIR for being based on fabricated evidence in cases of non-cognizable offenses?
The accused can seek the quashing of an FIR for being based on fabricated evidence in cases of non-cognizable offenses as well, as long as the legal provisions are met.
19. What happens if the High Court finds that the allegations in the FIR are not based on fabricated evidence?
If the High Court finds that the allegations in the FIR are not based on fabricated evidence, the criminal proceedings against the accused will continue as per the legal process.
20. Can the accused seek the quashing of an FIR if there are discrepancies in the evidence presented by the complainant?
Yes, the accused can seek the quashing of an FIR if there are discrepancies in the evidence presented by the complainant, provided that the allegations are based on fabricated evidence.
21. Can the accused seek the quashing of an FIR if the complainant later admits to fabricating evidence?
Yes, if the complainant later admits to fabricating evidence, the accused can seek the quashing of the FIR based on the admission of fabricated evidence.
22. Can the accused seek the quashing of an FIR if the fabricated evidence is discovered during the course of the investigation?
Yes, if the fabricated evidence is discovered during the course of the investigation, the accused can seek the quashing of the FIR based on the newly discovered evidence.
23. Can the accused seek the quashing of an FIR if the fabricated evidence is discovered after the conviction of the accused?
Yes, if the fabricated evidence is discovered after the conviction of the accused, the accused can seek the quashing of the FIR through legal means.
24. What happens if the High Court quashes an FIR based on fabricated evidence but new evidence emerges later?
If new evidence emerges after the quashing of the FIR, the concerned investigating agency may initiate fresh criminal proceedings based on the new evidence.
25. Can the accused seek the quashing of an FIR for being based on fabricated evidence if the case is pending before the trial court?
Yes, the accused can seek the quashing of an FIR for being based on fabricated evidence even if the case is pending before the trial court, by approaching the High Court with a petition under Section 482 of the CrPC.