This article talks about quashing of FIR Supreme Court.
Introduction
The quashing of FIR (First Information Report) by the Supreme Court is a significant aspect of the Indian legal system. An FIR is the first step in the criminal justice process and is registered by the police upon receiving information about the commission of a cognizable offense. However, there are instances where an FIR may be filed with malafide intentions or on the basis of false allegations. In such cases, the accused can approach the Supreme Court for the quashing of the FIR. This article provides a detailed overview of the quashing of FIR by the Supreme Court as per India law.
Understanding the Quashing of FIR
The quashing of an FIR refers to the process of nullifying the FIR by the court. The Supreme Court has the power to quash an FIR under Section 482 of the Code of Criminal Procedure, 1973. This section empowers the High Court to exercise its inherent powers to prevent abuse of the process of any court or to secure the ends of justice. The Supreme Court, being the apex court in India, also has the authority to exercise these inherent powers.
Grounds for Quashing of FIR
The Supreme Court can quash an FIR under the following grounds:
1. Lack of prima facie evidence: If the court finds that there is no prima facie evidence against the accused, it may quash the FIR. The court will consider the material on record and determine whether there is sufficient evidence to proceed with the case.
2. Abuse of process of law: If the FIR is found to be filed with malafide intentions or as a result of an abuse of the process of law, the court may quash the FIR. This includes cases where the FIR is filed to harass the accused or to settle personal scores.
3. Settlement between the parties: In cases where the parties have reached a settlement and want to put an end to the criminal proceedings, the court may quash the FIR. However, the settlement should be genuine and not a result of coercion or undue influence.
4. No offense made out: If the court finds that the allegations in the FIR do not make out an offense, it may quash the FIR. The court will examine the allegations and determine whether they constitute an offense under the law.
Quashing of FIR Supreme Court
The procedure for quashing of an FIR by the Supreme Court involves the following steps:
1. Filing of petition: The accused can file a petition before the Supreme Court seeking the quashing of the FIR. The petition should contain all the relevant facts and grounds on which the quashing is sought.
2. Notice to the opposite party: The Supreme Court will issue a notice to the opposite party, i.e., the complainant or the state, and seek their response to the petition.
3. Examination of the material on record: The court will examine the material on record, including the FIR, the charge sheet, and any other relevant documents, to determine whether there are grounds for quashing the FIR.
4. Hearing of the parties: The court will hear the arguments of both the accused and the opposite party and determine whether the FIR should be quashed.
5. Final order: Based on the material on record and the arguments of the parties, the court will pass a final order either quashing the FIR or dismissing the petition.
Landmark Judgments on Quashing of FIR
Over the years, the Supreme Court has delivered several landmark judgments on the quashing of FIR. In the case of R.P. Kapur v. State of Punjab, the Supreme Court held that the inherent powers of the High Court under Section 482 of the CrPC can be exercised to quash an FIR to prevent abuse of the process of any court or to secure the ends of justice. The court also laid down the guidelines for exercise of these powers, emphasizing that the power should be used sparingly and with caution.
In another significant judgment in the case of State of Haryana v. Bhajan Lal, the Supreme Court laid down the grounds on which an FIR can be quashed. The court held that the FIR can be quashed if the allegations are absurd and inherently improbable, if the accused is not named in the FIR, if the allegations do not constitute an offense, or if there is no prima facie evidence against the accused.
The Supreme Court has consistently reiterated that the power to quash an FIR should be exercised judiciously and in exceptional cases where the ends of justice require it. The court has also emphasized that the quashing of an FIR does not imply an acquittal of the accused, and the trial court is free to proceed with the case if there is sufficient evidence against the accused.
Conclusion
The quashing of an FIR by the Supreme Court is a crucial aspect of the Indian legal system. It provides relief to the accused in cases where the FIR is filed with malafide intentions or on the basis of false allegations. The Supreme Court has laid down guidelines for the exercise of inherent powers to quash an FIR, emphasizing that the power should be used sparingly and with caution. The court has also reiterated that the quashing of an FIR does not imply an acquittal of the accused, and the trial court is free to proceed with the case if there is sufficient evidence against the accused. The quashing of an FIR by the Supreme Court can have a significant impact on the future prospects and reputation of the accused. It is essential for the accused to understand the legal provisions and seek appropriate legal counsel to navigate the process of quashing an FIR before the Supreme Court.
FAQs on Quashing of FIR Supreme Court
1. What is the process for quashing an FIR by the Supreme Court?
The accused can file a petition before the Supreme Court seeking the quashing of the FIR. The court will issue a notice to the opposite party and examine the material on record before passing a final order.
2. On what grounds can an FIR be quashed by the Supreme Court?
An FIR can be quashed if there is lack of prima facie evidence, abuse of process of law, settlement between the parties, or if no offense is made out.
3. Can the accused approach the Supreme Court directly for quashing of the FIR?
Yes, the accused can directly approach the Supreme Court for quashing of the FIR under Section 482 of the CrPC.
4. What are the guidelines for exercise of inherent powers by the Supreme Court to quash an FIR?
The Supreme Court has laid down guidelines for exercise of inherent powers, emphasizing that the power should be used sparingly and with caution.
5. Is the quashing of an FIR by the Supreme Court equivalent to an acquittal of the accused?
No, the quashing of an FIR does not imply an acquittal of the accused, and the trial court is free to proceed with the case if there is sufficient evidence against the accused.
6. Can an FIR be quashed if the parties have reached a settlement?
Yes, the court may quash the FIR if the parties have reached a genuine settlement and want to put an end to the criminal proceedings.
7. What is the significance of the R.P. Kapur v. State of Punjab case in relation to quashing of FIR?
In this case, the Supreme Court held that the inherent powers of the High Court under Section 482 of the CrPC can be exercised to quash an FIR to prevent abuse of the process of any court or to secure the ends of justice.
8. What are the grounds laid down by the Supreme Court in the State of Haryana v. Bhajan Lal case for quashing of an FIR?
The Supreme Court held that the FIR can be quashed if the allegations are absurd and inherently improbable, if the accused is not named in the FIR, if the allegations do not constitute an offense, or if there is no prima facie evidence against the accused.
9. Can an FIR be quashed if the allegations are found to be false?
Yes, if the allegations in the FIR are found to be false, the Supreme Court may quash the FIR.
10. What is the role of the trial court in the quashing of an FIR by the Supreme Court?
The quashing of an FIR by the Supreme Court does not imply an acquittal of the accused, and the trial court is free to proceed with the case if there is sufficient evidence against the accused.
11. Can the accused file a petition for the quashing of an FIR directly to the Supreme Court?
Yes, the accused can file a petition directly to the Supreme Court for the quashing of an FIR under Section 482 of the CrPC.
12. What is the significance of the guidelines laid down by the Supreme Court for the exercise of inherent powers in the quashing of an FIR?
The guidelines emphasize that the power to quash an FIR should be used sparingly and with caution, and only in exceptional cases where the ends of justice require it.
13. Can an FIR be quashed if the allegations do not constitute an offense?
Yes, if the court finds that the allegations in the FIR do not make out an offense, it may quash the FIR.
14. Can the accused approach the Supreme Court for the quashing of an FIR if the High Court has dismissed the petition for the same?
Yes, the accused can approach the Supreme Court if the High Court has dismissed the petition for the quashing of an FIR.
15. Can the accused approach the Supreme Court for the quashing of an FIR if the High Court has not yet passed an order on the petition?
Yes, the accused can approach the Supreme Court for the quashing of an FIR if the High Court has not yet passed an order on the petition.
16. Can the quashing of an FIR by the Supreme Court be challenged in a higher court?
No, the quashing of an FIR by the Supreme Court cannot be challenged in a higher court.
17. Can the quashing of an FIR by the Supreme Court be revoked at a later stage?
No, the quashing of an FIR by the Supreme Court cannot be revoked at a later stage.
18. Can the quashing of an FIR by the Supreme Court be applied retroactively?
No, the quashing of an FIR by the Supreme Court cannot be applied retroactively.
19. Can the quashing of an FIR by the Supreme Court lead to compensation for the accused?
No, the quashing of an FIR by the Supreme Court does not automatically lead to compensation for the accused.
20. Can the quashing of an FIR by the Supreme Court have any impact on civil proceedings?
No, the quashing of an FIR by the Supreme Court does not have any impact on civil proceedings.
21. Can the quashing of an FIR by the Supreme Court have any impact on pending investigations?
Yes, the quashing of an FIR by the Supreme Court may have an impact on pending investigations.
22. Can the quashing of an FIR by the Supreme Court have any impact on the reputation of the accused?
Yes, the quashing of an FIR by the Supreme Court may have a positive impact on the reputation of the accused.
23. Can the quashing of an FIR by the Supreme Court have any impact on future employment opportunities for the accused?
Yes, the quashing of an FIR by the Supreme Court may have a positive impact on future employment opportunities for the accused.
24. Can the quashing of an FIR by the Supreme Court have any impact on the passport and visa applications of the accused?
Yes, the quashing of an FIR by the Supreme Court may have a positive impact on the passport and visa applications of the accused.
25. Can the quashing of an FIR by the Supreme Court have any impact on the political career of the accused?
Yes, the quashing of an FIR by the Supreme Court may have a positive impact on the political career of the accused.