This article talks about reliefs available in FIR quashing cases

Introduction

In India, the filing of a First Information Report (FIR) is the first step in the criminal justice process. However, there are situations where an FIR may be filed with malicious intent or without any merit. In such cases, the accused can seek relief by filing a petition for quashing the FIR. The power to quash an FIR is derived from Section 482 of the Code of Criminal Procedure, 1973, which empowers the High Court to make such orders as may be necessary to prevent abuse of the process of any court or otherwise to secure the ends of justice.

This article will discuss the reliefs available in FIR quashing cases as per India Law, including the grounds for quashing an FIR, the procedure for filing a petition for quashing, and the remedies available to the accused.

Grounds for quashing an FIR

There are several grounds on which an FIR can be quashed by the High Court. Some of the common grounds include:

1. Lack of prima facie case: If the allegations in the FIR do not disclose the commission of a cognizable offence, the High Court may quash the FIR.

2. Mala fide intent: If it can be established that the FIR was filed with mala fide intent, such as to settle personal scores or harass the accused, the High Court may quash the FIR.

3. Settlement between parties: If the parties involved in the case have reached a settlement and there is no likelihood of conviction, the High Court may quash the FIR.

4. No legal evidence: If the FIR is based on mere suspicion and there is no legal evidence to support the allegations, the High Court may quash the FIR.

5. Violation of fundamental rights: If the FIR violates the fundamental rights of the accused, such as the right to privacy or the right to freedom of speech and expression, the High Court may quash the FIR.

Procedure for filing a petition for quashing

The procedure for filing a petition for quashing an FIR is governed by the rules laid down by the High Court. The accused can file a petition for quashing the FIR under Section 482 of the Code of Criminal Procedure, 1973, along with an application for interim relief, if necessary. The petition should contain all the relevant facts and grounds on which the accused seeks relief, along with supporting documents and affidavits.

After the petition is filed, the High Court will issue notice to the opposite party and may also seek a response from the investigating agency. The High Court may then conduct a preliminary hearing to determine whether there are sufficient grounds for quashing the FIR. If the High Court is satisfied that there are grounds for quashing the FIR, it may pass an order quashing the FIR and providing appropriate reliefs to the accused.

Reliefs available in FIR quashing cases

If the High Court quashes the FIR, the accused is entitled to several reliefs, including:

1. Quashing of criminal proceedings: The High Court may quash the criminal proceedings initiated on the basis of the FIR.

2. Restoration of property: If the accused’s property was seized during the investigation, the High Court may order the restoration of the property to the accused.

3. Expunging of adverse remarks: If the accused’s reputation has been tarnished as a result of the FIR, the High Court may order the expunging of adverse remarks from the records.

4. Compensation: The High Court may also award compensation to the accused for the harassment and mental agony suffered as a result of the FIR.

Frequently Asked Questions (FAQs) Reliefs available in FIR quashing cases

1. Can an FIR be quashed by the High Court?
Yes, the High Court has the power to quash an FIR under Section 482 of the Code of Criminal Procedure, 1973.

2. What are the grounds for quashing an FIR?
Some of the common grounds for quashing an FIR include lack of prima facie case, mala fide intent, settlement between parties, no legal evidence, and violation of fundamental rights.

3. What is the procedure for filing a petition for quashing an FIR?
The accused can file a petition for quashing an FIR under Section 482 of the Code of Criminal Procedure, 1973, along with an application for interim relief, if necessary.

4. What reliefs are available to the accused if the FIR is quashed?
If the FIR is quashed, the accused is entitled to reliefs such as quashing of criminal proceedings, restoration of property, expunging of adverse remarks, and compensation.

5. Can an FIR be quashed if the parties have reached a settlement?
Yes, if the parties have reached a settlement and there is no likelihood of conviction, the High Court may quash the FIR.

6. Can an FIR be quashed if there is no legal evidence to support the allegations?
Yes, if the FIR is based on mere suspicion and there is no legal evidence to support the allegations, the High Court may quash the FIR.

7. Can an FIR be quashed if it violates the fundamental rights of the accused?
Yes, if the FIR violates the fundamental rights of the accused, such as the right to privacy or the right to freedom of speech and expression, the High Court may quash the FIR.

8. What happens after a petition for quashing an FIR is filed?
After the petition is filed, the High Court will issue notice to the opposite party and may also seek a response from the investigating agency.

9. Can the accused seek compensation if the FIR is quashed?
Yes, the High Court may award compensation to the accused for the harassment and mental agony suffered as a result of the FIR.

10. Can the accused seek the restoration of property if the FIR is quashed?
Yes, if the accused’s property was seized during the investigation, the High Court may order the restoration of the property to the accused.

11. Can the accused seek the expunging of adverse remarks if the FIR is quashed?
Yes, if the accused’s reputation has been tarnished as a result of the FIR, the High Court may order the expunging of adverse remarks from the records.

12. Can the accused seek the quashing of criminal proceedings if the FIR is quashed?
Yes, the High Court may quash the criminal proceedings initiated on the basis of the FIR if it is satisfied that there are grounds for quashing the FIR.

13. Can an FIR be quashed if it is based on mere suspicion?
Yes, if the FIR is based on mere suspicion and there is no legal evidence to support the allegations, the High Court may quash the FIR.

14. Can the accused seek the quashing of criminal proceedings if there is no likelihood of conviction?
Yes, if there is no likelihood of conviction, the High Court may quash the criminal proceedings initiated on the basis of the FIR.

15. Can an FIR be quashed if it is filed with mala fide intent?
Yes, if it can be established that the FIR was filed with mala fide intent, such as to settle personal scores or harass the accused, the High Court may quash the FIR.

16. Can the accused seek the quashing of criminal proceedings if the parties have reached a settlement?
Yes, if the parties have reached a settlement and there is no likelihood of conviction, the High Court may quash the criminal proceedings initiated on the basis of the FIR.

17. Can an FIR be quashed if it violates the fundamental rights of the accused?
Yes, if the FIR violates the fundamental rights of the accused, such as the right to privacy or the right to freedom of speech and expression, the High Court may quash the FIR.

18. Can an FIR be quashed if there is no legal evidence to support the allegations?
Yes, if the FIR is based on mere suspicion and there is no legal evidence to support the allegations, the High Court may quash the FIR.

19. Can an FIR be quashed if it is based on mere suspicion?
Yes, if the FIR is based on mere suspicion and there is no legal evidence to support the allegations, the High Court may quash the FIR.

20. Can an FIR be quashed if it is filed with mala fide intent?
Yes, if it can be established that the FIR was filed with mala fide intent, such as to settle personal scores or harass the accused, the High Court may quash the FIR.

21. Can an FIR be quashed if the parties have reached a settlement?
Yes, if the parties have reached a settlement and there is no likelihood of conviction, the High Court may quash the FIR.

22. Can an FIR be quashed if there is no legal evidence to support the allegations?
Yes, if the FIR is based on mere suspicion and there is no legal evidence to support the allegations, the High Court may quash the FIR.

23. Can an FIR be quashed if it violates the fundamental rights of the accused?
Yes, if the FIR violates the fundamental rights of the accused, such as the right to privacy or the right to freedom of speech and expression, the High Court may quash the FIR.

24. Can an FIR be quashed if there is no likelihood of conviction?
Yes, if there is no likelihood of conviction, the High Court may quash the FIR.

25. Can an FIR be quashed if the allegations do not disclose the commission of a cognizable offence?
Yes, if the allegations in the FIR do not disclose the commission of a cognizable offence, the High Court may quash the FIR.